H.R.2517 - Seven-Year Balanced Budget Reconciliation Act of 1995104th Congress (1995-1996)
|Sponsor:||Rep. Kasich, John R. [R-OH-12] (Introduced 10/20/1995)|
|Committees:||House - Budget; Agriculture; Banking and Financial Services; Commerce; Economic and Educational Opportunities; Government Reform and Oversight; International Relations; Judiciary; National Security; Resources; Rules; Science; Transportation and Infrastructure; Veterans' Affairs; Ways and Means|
|Latest Action:||House - 11/06/1995 Referred to the Subcommittee on Water Resources and Environment. (All Actions)|
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Summary: H.R.2517 — 104th Congress (1995-1996)All Information (Except Text)
Introduced in House (10/20/1995)
TABLE OF CONTENTS:
Title I: Committee on Agriculture
Subtitle A: Freedom to Farm
Subtitle B: Dairy
Subtitle C: Other Commodities
Subtitle D: Miscellaneous Program Changes
Subtitle E: Commission on 21st Century Production
Title II: Committee on Banking and Financial Services
Subtitle A: Housing Provisions
Subtitle B: Thrift Charter Conversion
Subtitle C: Community Reinvestment Act Amendments
Subtitle D: Phase-Down of Oversight Board
Title III: Committee on Commerce
Subtitle A: Communications
Subtitle B: Nuclear Regulatory Commission Annual Charge
Subtitle C: United States Enrichment Corporation
Subtitle D: Waste Isolation Pilot Project
Subtitle E: Strategic Petroleum Reserve
Title IV: Committee on Economic and Educational
Subtitle A: Higher Education
Subtitle B: Service Contract Repeal
Subtitle C: Provisions Relating to the Employee
Retirement Income Security Act of 1974
Title V: Committee on Government Reform and Oversight
Title VI: Committee on International Relations
Subtitle A: Recovery of Costs of Certain Health Care
Subtitle B: Enactment into Law of Division A of H.R.
Subtitle C: Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1995
Title VII: Committee on the Judiciary
Title VIII: Committee on National Security
Subtitle A: Military Retired Pay
Subtitle B: Naval Petroleum Reserves
Subtitle C: National Defense Stockpile
Title IX: Committee on Resources
Subtitle A: Alaska and Helium Privatization
Subtitle B: Water and Power
Subtitle C: National Parks, Forests, and Public Lands
Subtitle D: Territories
Subtitle E: Minerals
Subtitle F: Indian Gaming
Subtitle G: Consultation
Subtitle H: Mapping
Title X: Committee on Transportation and Infrastructure
Subtitle A: Water Resources
Subtitle B: Ocean Shipping Reform
Subtitle C: Midewin National Tallgrass Prairie
Subtitle D: Miscellaneous Provisions
Title XI: Committee on Veterans' Affairs
Subtitle A: Extension of Temporary Authorization
Subtitle B: Other Matters
Subtitle C: Health Care Eligibility Reform
Title XII: Trade
Subtitle A: Technical Corrections and Miscellaneous
Subtitle B: Generalized System of Preferences
Subtitle C: Trade Adjustment Assistance
Title XIII: Committee on Ways and Means-Revenue
Subtitle A: Extension of Expiring Provisions, Etc.
Subtitle B: Medical Savings Accounts
Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2
Subtitle D: Additional Technical Corrections
Subtitle E: Tax Information Sharing
Subtitle F: Revenue Increases
Subtitle G: Reform of the Earned Income Tax Credit
Subtitle H: Increase in Public Debt Limit
Subtitle I: Coal Industry Retiree Health Equity
Title XIV: Committee on Ways and Means-Tax Simplification
Subtitle A: Provisions Relating to Individuals
Subtitle B: Pension Simplification
Subtitle C: Treatment of Large Partnerships
Subtitle D: Foreign Provisions
Subtitle E: Other Income Tax Provisions
Subtitle F: Estates and Trusts
Subtitle G: Excise Tax Simplification
Subtitle H: Administrative Provisions
Title XV: Preserving, Protecting, and Strengthening Medicare
Title XVI: Transformation of the Medicaid Program
Title XVII: Abolishment of Department of Commerce
Subtitle A: Abolishment of Department of Commerce
Subtitle B: Disposition of Various Programs, Functions,
and Agencies of Department of Commerce
Subtitle C: Office of United States Trade
Subtitle D: Patent and Trademark Office Corporation
Subtitle E: Miscellaneous Provisions
Title XVIII: Welfare Reform
Title XIX: Contract with America-Tax Relief
Title XX: Budget Enforcement
Seven-Year Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture - Agricultural Reconciliation Act of 1995 - Subtitle A: Freedom to Farm - Freedom to Farm Act of 1995 - Amends the Agricultural Act of 1949 (Act) to direct the Secretary of Agriculture (Secretary) to offer seven-year market transition contracts for cropland compliance with conservation and wetland requirements.
(Sec. 1103) Makes nonrecourse marketing assistance loans available through crop year 2002 for wheat, feed grains, upland cotton, extra long staple cotton, rice, and oilseeds.
(Sec. 1104) Amends the Food Security Act of 1985 to revise certain agricultural program payment limitations relating to individual attribution of payments to corporations. Permits the use of social security and employer identification numbers for such purposes.
Subtitle B: Dairy - Chapter 1: Authorization of Marketing Transition Payments in Lieu of Milk Price Support Program - Amends the Act to direct the Secretary to offer seven-year market transition contracts (in lieu of price supports) to milk producers for compliance with animal waste and wetland requirements.
(Sec. 1202) Makes recourse loans available to commercial processors of dairy products.
Chapter 2: Dairy Export Programs - Amends the Food Security Act of 1985 with regard to the dairy export incentive program, including maximum levels of Commodity Credit Corporation assistance.
(Sec. 1212) Directs the Secretary to assist the dairy industry to establish and maintain an export trading company, or alternatively, to identify another nongovernmental entity for such purpose under specified circumstances.
(Sec. 1214) Directs the Secretary to study the potential impact on the U.S. dairy industry of additional cheese granted U.S. access under the Uruguay Round on Prices.
Chapter 3: Dairy Promotion Programs - Amends the Fluid Milk Promotion Act of 1990 to extend fluid milk marketing order authority.
(Sec. 1222) Amends the Dairy Production Stabilization Act of 1983 to include imported dairy products under the dairy promotion program. Increases National Dairy Promotion and Research Board membership. Obligates funds for international market development.
Chapter 4: Verification of Milk Receipts - Amends the Act to establish a milk receipts verification program (which shall replace certain milk marketing orders).
Chapter 5: Miscellaneous Provisions Related to Dairy - Amends the Act to extend dairy product transfer authority for military and veterans hospitals.
(Sec. 1242) Amends Federal law to extend the dairy indemnity program.
Subtitle C: Other Commodities - Amends the Act and the Agricultural Adjustment Act of 1938 to extend and revise peanut price support and quota programs.
(Sec. 1302) Amends the Act to provide loans (recourse or nonrecourse depending upon sugar tariff levels) for sugarcane and sugar beet processors. Amends the Agricultural Adjustment Act of 1938 to repeal sugar marketing quota and allotment provisions.
(Sec. 1303) Amends the Disaster Assistance Act of 1988 to repeal cottonseed price support authority.
Subtitle D: Miscellaneous Program Changes - Amends the Emergency Livestock Feed Assistance Act of 1988 to prohibit emergency livestock feed assistance if crop insurance or crop disaster assistance is available.
(Sec. 1402) Amends the Food Security Act of 1985 with regard to the conservation reserve program to: (1) reduce and limit acreage enrollments; (2) authorize optional contract termination by producers; and (3) limit rental rates.
(Sec. 1403) Amends the Federal Crop Insurance Act to permit a producer to decline catastrophic risk protection for a specified crop and continue to maintain eligibility for other specified agricultural program benefits.
Amends the Department of Agriculture Reorganization Act of 1994 to establish an Office of Risk Management to supervise the Federal Crop Insurance Corporation.
(Sec. 1404) Amends the Act to repeal the farmer owned reserve program.
(Sec. 1405) Amends the Agricultural Trade Act of 1978 to extend export enhancement program funding.
(Sec. 1406) Directs the Secretary to establish the Business Interruption Insurance Program to cover agricultural crop producer revenue losses.
Subtitle E: Commission on 21st Century Production Agriculture - Establishes the Commission on 21st Century Production Agriculture which shall assess: (1) the changes in U.S. production agriculture resulting from this Act; and (2) the current and future condition of U.S. production agriculture and the appropriate agricultural role of the Government. Terminates the Commission upon submission of a required report.
Title II: Committee on Banking and Financial Services - Subtitle A: Housing Provisions - Amends the Federal Home Loan Bank Act to terminate the Resolution Trust Corporation and Federal Deposit Insurance Corporation affordable housing programs and transfer remaining authority to the Department of Housing and Urban Development.
Amends the National Housing Act to authorize foreclosure avoidance and mortgagee assistance.
Amends the Housing and Community Development Amendments of 1978 with regard to the multifamily property disposition program.
Amends the Housing Act of 1949 to provide for rural housing loan subsidy recapture upon loan repayment.
Amends the Housing Act of 1937 to reduce the section 8 annual adjustment factors for units with no tenant turnover.
Subtitle B: Thrift Charter Conversion - Thrift Charter Conversion Act of 1995 - Chapter 1: Bank Insurance Fund and Savings Association Insurance Fund - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each member of the Savings Association Insurance Fund (SAIF) and the Bank Insurance Fund (BIF), for deposit into the SAIF.
(Sec. 2202) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members.
Amends the FDIA to: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund on January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve.
(Sec. 2204) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount.
(Sec. 2205) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund.
Chapter 2: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal savings association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law.
(Sec. 2222) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations.
(Sec. 2223) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks (including mutual national banks); and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks.
(Sec. 2228) Repeals the Home Owners' Loan Act.
Chapter 3: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System.
Subtitle C: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burden, recordkeeping, or reporting when examining financial institutions.
(Sec. 2302) Exempts a regulated financial institution from CRA evaluation requirements if: (1) the institution and its parent bank holding company have aggregate assets of not more than $100 million; and (2) it publicizes its services to local low- and moderate-income neighborhoods.
(Sec. 2303) Permits qualifying financial institutions to self-certify compliance with CRA requirements. Prohibits a Federal regulatory agency from imposing additional self-certification requirements.
(Sec. 2304) Adds provisions for community input and conclusive rating, including: (1) requirements for publication of exam schedule; (2) opportunity for comment and evaluation by the appropriate Federal financial supervisory agency; and (3) procedures for requests for rating reconsideration.
(Sec. 2305) Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) consider the nature of the business of special purpose financial institutions; (2) assess and take into account the institution's record commensurate with the amount of deposits it has received; and (3) develop standards under which they may be deemed to be in compliance with CRA requirements consistent with the specific nature of such businesses.
Defines a "special purpose institution" as one that does not generally accept retail deposits from the public in amounts of less than $100,000, such as wholesale, credit card, and trust institution.
(Sec. 2306) Requires the appropriate Federal financial supervisory agency, in assessing and taking into account the records of a regulated financial institution for purposes of CRA compliance, to consider as a positive factor, consistent with safe and sound operation of the institution, its investments in or loans to: (1) minority or women's depository institutions, or low-income credit unions; and (2) joint ventures, entities, or projects providing benefits to distressed communities (regardless of whether the recipient institutions or communities are located within the regulated financial institution's chartered service area).
(Sec. 2307) Prohibits additional CRA recordkeeping and loan data collection requirements.
(Sec. 2309) Amends the Federal Home Loan Bank Act to exempt from certain reporting requirements members which receive a CRA rating of outstanding or satisfactory.
(Sec. 2310) Expresses the sense of the Congress that congressional committees should exercise aggressive oversight of the adoption and implementation of any CRA regulation by a Federal supervisory agency. Requires such an agency to report to the Congress on the implementation of all CRA regulations.
(Sec. 2311) Amends the FDIA to direct each Federal banking agency to ensure that its banking examiners consult on examination activities and resolve any inconsistent recommendations given to a depository institution.
(Sec. 2312) Amends the CRA to prohibit a Federal agency from prescribing any regulation which would: (1) require a financial institution to make any loan or enter into any agreement on the basis of any discriminatory criteria prohibited under Federal law; (2) make any loan to, or enter into any other agreement with, an uncreditworthy person that would jeopardize the institution's safety and soundness; or (3) hinder the institution's full responsibility to provide credit to all community segments.
Subtitle D: Phase-Down of Oversight Board - Amends the Federal Home Loan Bank Act to terminate the authority of the Thrift Depositor Protection Oversight Board to employ staff.
Title III: Committee on Commerce - Subtitle A: Communications - Chapter 1: Spectrum Auctions - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits.
Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000.
Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations.
Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act.
Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice.
Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction.
Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report.
Chapter 2: Federal Communications Commission Authorization - Federal Communications Commission Authorization Act of 1995 - Amends the Act to authorize appropriations for the FCC for FY 1996. Derives a portion of the sum of such appropriations in each fiscal year from an amount determined by the establishment and adjustment of application and regulatory fees under the Act.
Directs the FCC to submit to the appropriate congressional committees and publish in the Federal Register semiannual reports specifying the reimbursements which the FCC has accepted from non- Federal sources for travel and related expenses of FCC employees.
Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC, during FY 1996, to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act.
(Sec. 3013) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions.
(Sec. 3014) Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes.
Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, as well as the application and regulatory fee adjustments.
(Sec. 3015) Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) require such inspections annually, with an authorized waiver under limited circumstances.
(Sec. 3016) Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) the use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers.
(Sec. 3024) Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments.
Subtitle B: Nuclear Regulatory Commission Annual Charge - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from September 30, 1998, to September 30, 2002, the authority of the Nuclear Regulatory Commission to annually assess and collect user fees and charges.
Subtitle C: United States Enrichment Corporation - USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing).
(Sec. 3038) Revises employee protection guidelines at the two gaseous diffusion plants of the U.S. Enrichment Corporation (USEC). Declares that privatization shall not diminish the accrued, vested pension benefits of the Corporation's operating contractor. Requires transfer of all plan assets and liabilities to a pension plan sponsored by the new contractor or the private corporation, as the case may be.
Requires the Department of Energy (DOE) and the private corporation to continue to fund post-retirement health benefits for persons employed by an operating contractor at either of the gaseous diffusion plants at substantially the same level of coverage as eligible retirees are entitled to receive on the privatization date, subject to specified cost-saving measures and certain eligibility limitations.
(Sec. 3039) Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services.
Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term.
States that USEC shall establish prices for its products, materials, and services on a profitmaking basis.
Prescribes guidelines under which DOE shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste.
States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States.
Prescribes procedural guidelines for the U.S. Executive Agent under the Russian HEU Agreement to transfer without charge to the Secretary of Energy for subsequent sale an amount of uranium hexaflouride equivalent to the natural uranium component of low- enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent.
(Sec. 3040) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount.
Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering.
Terminates any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress.
(Sec. 3041) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization.
(Sec. 3042) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment.
Subtitle D: Waste Isolation Pilot Project - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal: (1) the mandate for the test phase and retrieval plan and the authority of the Secretary of Energy to conduct test phase activities; (2) limitations placed upon the quantity of waste that may be transported; (3) the proscription against transportation or emplacement of remote-handled transuranic waste at the Waste Isolation Pilot Plant (WIPP) project; (4) the WIPP requirements for commencement of transuranic waste disposal operations; (5) specified certification requirements with respect to WIPP compliance with Environmental Protection Agency (EPA) disposal regulations; (6) certain remedies for noncompliance with EPA certification requirements; (7) periodic EPA recertification (providing for periodic EPA review and comment only); and (8) the mandate for engineered and natural barriers and waste form modifications to isolate transuranic waste after disposal.
(Sec. 3051) Exempts transuranic mixed waste earmarked for WIPP disposal from specified land disposal restrictions. States that a no migration variance is not required for its disposal at WIPP.
Repeals the mandate for: (1) determination of noncompliance with EPA requirements for test, disposal and decommissioning phase activities; (2) retrievability of transuranic waste if WIPP violates final EPA disposal regulations; and (3) a plan for the decommissioning of WIPP.
(Sec. 3055) Authorizes WIPP to receive transuranic waste from the Secretary of Energy from a non-defense activity.
Subtitle E: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to prescribe procedural guidelines under which the Secretary of Energy is authorized to store in underutilized Strategic Petroleum Reserve facilities petroleum owned by a foreign government or its representative.
Title IV: Committee on Economic and Educational Opportunities - Subtitle A: Higher Education - Higher Education Program Efficiency Act of 1995 - Amends student aid provisions of the Higher Education Act of 1965 (HEA) to terminate program authority, funding, and authority to enter into new agreements for the William D. Ford Federal Direct Loan Program. Revises provisions for funds for administrative expenses.
(Sec. 4003) Eliminates certain grace period interest subsidies for new student loans.
(Sec. 4004) Revises the parent loan (Federal PLUS loans) program to: (1) set a $15,000 maximum limitation on the amount parents may borrow for one student in any academic year; (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education; and (3) raise interest rates on PLUS loans.
(Sec. 4005) Requires a loan transfer fee to be paid by the transferee to the Secretary.
(Sec. 4006) Requires the originating lender to remit a fee to the guarantee agency.
(Sec. 4007) Revises HEA student aid provisions relating to: (1) reserve funds; (2) the free Federal application for student loans, in an electronic or other format; (3) Federal interest subsidies; (4) a reinsurance percentage; (5) loan fees from lenders; and (6) an audit exemption for small lenders. Excludes loans made or held as a trustee or in a trust capacity for the benefit of a third party from consideration in determining whether the making or holding of loans to students and parents is the primary consumer credit function of the eligible lender. Includes as an eligible lender under the student loan insurance program a wholly-owned subsidiary company which, as of the enactment of this Act, perform as a finance company and participates in the authorized program pursuant to specified provisions.
(Sec. 4008) Requires guarantee agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions.
(Sec. 4009) Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Provides for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid.
(Sec. 4010) Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA.
(Sec. 4011) Revises, for purposes of the definition of proprietary institution, provisions relating to consideration of revenues from sources that are not derived from funds under HEA student aid provisions.
(Sec. 4012) Extends the duration of the Federal student loan insurance program.
Terminates the authority to make Federal consolidation loans as of the end of FY 2002.
Subtitle B: Service Contract Repeal - Repeals the Service Contract Act of 1965.
Subtitle C: Provisions Relating to the Employee Retirement Income Security Act of 1974 - Provides that, for certain purposes under the Employee Retirement Income Security Act of 1974 (ERISA), a prescribed minimum period for a joint and survivor annuity explanation before the annuity starting date shall not apply if waived by the participant and, if applicable, the participant's spouse.
Title V: Committee on Government Reform and Oversight - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002.
(Sec. 5002) Amends Federal civil service law to revise the Civil Service (CSRS) and Federal Employees' (FERS) Retirement Systems with respect to deductions, contributions, and deposits, among other changes: (1) increasing agency contributions under CSRS during calendar years 1996 through 2002; (2) providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003 when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress; and (3) providing additional retirement-related changes under both systems with regard to congressional employees and Members of Congress and their years of service for purposes of computing an annuity. Continues the current computation formula for annuities of the Capitol Police, notwithstanding the amendments of this title.
(Sec. 5004) Establishes a legislative branch Federal Employees Retirement Security Commission to study the financial soundness of, and other related issues pertaining to, the retirement systems for Government employees and members of the uniformed services, for a report with appropriate recommendations to the Congress.
(Sec. 5005) Makes technical amendments regarding the U.S. Postal Service, with changes repealing the authorization of transitional appropriations.
(Sec. 5006) Repeals provisions under the Stewart B. McKinney Homeless Assistance Act pertaining to the availability of surplus property for homeless assistance.
Title VI: Committee on International Relations - Subtitle A: Recovery of Costs of Certain Health Care Services - Amends the Foreign Assistance Act of 1980 to include under the State Department health care program for coverage abroad any other persons designated by the Secretary of State in addition to Foreign Service members, other Federal employees abroad, and their families. Authorizes the Secretary of State, under such program, to collect from a third party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries (excluding such additional program the reasonable costs of such services incurred by the Department on the person's behalf. Secretary-designated persons) for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third party payer for such costs.
(Sec. 6001) Authorizes the Secretary of State to collect from a non-covered person (including such additional Secretary-designated persons) who receives health care services under such program the reasonable costs of such services incurred by the Department on the person's behalf.
Subtitle B: Enactment Into Law Of Division A of H.R. 1561 - Enacts into law Division A of H.R. 1561, as passed the House of Representatives on June 8, 1995 (relating to consolidation of foreign affairs agencies).
Subtitle C: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Part 1: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state.
(Sec. 6212) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba.
Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations.
Amends the Trading With the Enemy Act to exempt from its civil penalties: (1) news gathering, research, or the export or import of, or transmission of, information or informational materials; and (2) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants.
Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to such country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national (debt-for-equity swap).
(Sec. 6213) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to a foreign national, U.S. national, or permanent resident alien, in order to finance transactions involving property confiscated by the Cuban Government the claim to which is owned by a U.S. national. Terminates such prohibition upon termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition.
(Sec. 6214) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President determines that a transition government is in power in Cuba. Urges the President to support Cuba's membership in such institutions during the period that a transition government is in power subject to the membership taking effect at such time as the President deems most likely to facilitate the transition to a democratically-elected government there. Requires the Secretary of the Treasury to withhold U.S. payments from institutions that approve assistance to Cuba over the opposition of the United States.
(Sec. 6215) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to vote to oppose ending the suspension of Cuba from the OAS until the President determines that a democratically elected government is in power there.
(Sec. 6216) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility.
Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba.
Expresses strong disapproval of Russia's extension of credits in support of the intelligence facility at Lourdes, Cuba, in November 1994. Withholds from assistance provided for an independent state an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba, particularly the one at Lourdes. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met.
(Sec. 6217) Requires the Director of the U.S. Information Agency to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the presidential determination that a democratically elected government is in power in Cuba.
(Sec. 6218) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries.
(Sec. 6219) Authorizes the President to furnish assistance to individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba.
Directs the President to take steps to encourage the OAS to create a special emergency fund for the purpose of deploying human rights observers, election support, and election observation in Cuba.
Urges the President to instruct the U.S. Permanent Representative to the OAS to encourage other OAS member states to join in calling for the Cuban Government to allow the immediate deployment of independent OAS human rights monitors throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. Urges the President to provide not less than $5 million of the U.S. voluntary contribution to the OAS for the purposes of the special fund.
(Sec. 6220) Directs the President to withhold the allocation of assistance, with specified exceptions, for any country in an amount equal to the sum of assistance and credits, if any, provided by such country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.
(Sec. 6221) Directs the President to instruct all U.S. Government officials who engage in official conduct with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States of all persons residing in Cuba who are sought by the U.S. Department of Justice for crimes committed in the United States.
Part 2: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, assistance that is essential to the successful completion of the transition to democracy, remittances by individuals to their relatives of cash or goods, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power.
(Sec. 6232) Requires the President to take steps to obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba.
Requires the President, following transmittal to the Congress of a determination that a democratically elected government is in power, to submit to the appropriate congressional committees a report that describes: (1) acts, policies, and practices that constitute significant barriers to, or distortions of, U.S. trade in goods or services or foreign direct investment with respect to Cuba; (2) U.S. policy objectives regarding trade relations with a democratically elected government in Cuba; (3) specific U.S. trade negotiating objectives with Cuba; and (4) actions proposed to be undertaken to achieve any of such policy and negotiating objectives.
(Sec. 6233) Requires the President, upon determining than a democratically-elected government is in power in Cuba, to designate a United States-Cuba Council to: (1) ensure coordination between the U.S. Government and the private sector in responding to change and promoting market-based development in Cuba; and (2) establish periodic meetings between the U.S. and Cuban private sectors for the purpose of facilitating bilateral trade.
(Sec. 6234) Authorizes the President to suspend the U.S. economic embargo against Cuba upon determining to the appropriate congressional committees that a democratically-elected government is in power in Cuba. Requires the President to notify the Congress of any action taken to suspend such embargo. Declares that such suspension shall cease to be effective upon enactment of a joint resolution disapproving such action.
(Sec. 6235) Sets forth conditions under which a government in Cuba will be considered transitional or democratic.
Part 3: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime - Makes any person, including any agency or instrumentality of a foreign state, that traffics in confiscated property liable for money damages to any U.S. national who owns the claim to such property. Grants U.S. district courts exclusive jurisdiction over such actions.
(Sec. 6253) Requires district courts to accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to the International Claims Settlement Act of 1949.
Amends such Act to authorize district courts, for fact-finding purposes, to refer to the Commission questions of the amount and ownership of a claim by a U.S. national resulting from the confiscation of property by Cuba, whether or not the U.S. national qualifies as such at the time of the confiscation.
(Sec. 6254) Bars certain ineligible U.S. nationals, or Cuban nationals, from having a claim in the compensation paid to a U.S. national by virtue of a claim certified by the Commission.
Part 4: Exclusion of Certain Aliens - Directs the Secretary of State to exclude from the United States aliens (or their spouses, minor children, or agents) involved in the confiscation of property, or the trafficking in confiscated property, owned by a U.S. national. Provides for case-by-case waiver of this exclusion in the national interest of the United States.
Title VII: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002.
Amends Federal law to require that a surcharge of 40 percent be added to each civil monetary penalty at the time it is assessed by the United States. Specifies that payments relating to a civil monetary penalty shall be applied, in the following order, to: (1) costs; (2) principal; (3) civil monetary penalty surcharges; and (4) interest. Makes such provisions inapplicable to any civil monetary penalty assessed under the Internal Revenue Code.
Establishes in the Treasury a Department of Justice Telecommunications Carrier Compliance Fund for payments to telecommunications carriers as authorized by the Communications Assistance for Law Enforcement Act. Sets forth provisions regarding: (1) offsetting collections; (2) requirements for appropriations offsets; and (3) termination of the Fund.
Title VIII: Committee on National Security - Subtitle A: Military Retired Pay - Limits to FY 1995 (currently, through FY 1998) the authority for certain cost-of-living adjustments (COLAs) to military retired and retainer pay. Makes the FY 1996 COLA for military retirees first payable for March 1996.
Subtitle B: Naval Petroleum Reserves - Directs the Secretary of Energy to sell all U.S. rights and interest to naval petroleum and oil shale reserves. Requires contracts for such sales to be entered into no later than September 30, 1996. Requires the Secretary to retain the services of: (1) five independent experts for the separate valuation of each of the five reserves; and (2) an investment banker to independently administer the sales. Provides special administrative requirements with respect to the sale of Naval Petroleum Reserve Numbered 1, in Elk Hills, California, including the requirement that the Elk Hills unit continue current full production until the completion of its sale. Provides for the termination of a current Elk Hills naval petroleum sales contract. Directs the Secretary to offer to settle all claims against the United States by the State of California and the California Teachers' Retirement Fund with respect to land within the Elk Hills unit. Requires a 15-day prior congressional notification period before entering into a sales contract with respect to a naval petroleum reserve.
Subtitle C: National Defense Stockpile - Directs the President during FY 1996 to dispose of: (1) all cobalt contained in the National Defense Stockpile (NDS) that is authorized for disposal under any law; and (2) additional quantities of specified materials in the NDS so as to result in specified receipts for FY 1996 through 2002. Limits disposal quantities with respect to each item. Requires deposit into the Treasury of all sale receipts. Terminates the disposal authority on the date on which the total receipts desired are achieved.
Title IX: Committee on Resources - Subtitle A: Alaska and Helium Privatization - Part 1: Alaska - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil.
Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination.
Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment.
Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii.
(Sec. 9002) Declares it is the purpose of this Act to reduce the Federal deficit by a specified amount over the next five years with revenue derived from competitive bonus bids solicited for oil and gas leases in the Coastal Plain of Alaska's North Slope.
Declares that the Congress hereby determines that this Act's oil and gas leasing program in the Coastal Plain is compatible with the purposes of the Arctic National Wildlife Refuge, and that no further findings or decisions are required to implement this determination (thereby avoiding statutorily-mandated environmental determinations).
Instructs the Secretary of the Interior to promulgate regulations within six months of the enactment of this Act governing a Coastal Plain competitive leasing program for oil and gas exploration, development, production and transportation. Mandates a first lease sale of at least 200,000 acres within 12 months of the enactment of this Act. Requires lease sales to be based upon an industry nomination process. Directs the Secretary to grant to the highest bidders any oil and gas lease on unleased Federal lands within the Coastal Plain at royalty payments of at least 12 and one-half percent.
Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against the production of oil and gas from the Arctic National Wildlife Refuge. Declares that this Act is the primary land management authorization for all Coastal Plain exploitation activities, and that no land management review, determination or other action shall be required.
Authorizes the Secretary to grant Coastal Plain rights-of-way and easements for pipeline construction and oil and gas transportation. States that the "Final Legislative Environmental Impact Statement" (April 1987) is adequate and legally sufficient for all activities related to Coastal Plain exploitation. Mandates that 50 percent of Federal revenues from the Coastal Plain be paid to the State of Alaska.
Instructs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath such surface estate to the Arctic Slope Regional Corporation.
Establishes a Community Assistance Fund, consisting of a specified portion of the Federal share of Coastal Plain revenues, to assist regions impacted by the activities authorized under this Act.
Establishes the National Endowment for Fish and Wildlife and the Fish and Wildlife Conservation Commission.
(Sec. 9003) Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project and related assets to the State of Alaska; and (2) the Eklutna Hydroelectric Project and related assets to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations to prepare or acquire the Snettisham and Eklutna assets for such sale and transfer.
Directs the Secretary to use specified amounts from unobligated balances to fund sale preparation costs.
Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement.
Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law.
Sets a deadline by which the Secretary must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) report to the Congress documenting the Snettisham and Eklutna sales; and (3) return to the Treasury unobligated balances of funds appropriated for the (APA).
Part 2: Helium Privatization - Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field.
(Sec. 9013) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities.
Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services.
(Sec. 9014) Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury.
(Sec. 9015) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act.
(Sec. 9017) Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
(Sec. 9018) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way.
Subtitle B: Water and Power - Part 1: Power Marketing Administration - Power Administration Act - Repeals specified proscriptions against the use of Federal funds: (1) to study or prepare for transferring the Federal Power Administrations out of Federal ownership or control; (2) to study "market rate" or other noncost methods for the pricing of hydroelectric power by the Federal public power authorities; and (3) to change the employment levels of the Federal Power Marketing Administrations determined necessary to carry out their statutory responsibilities.
Directs the Secretaries of Energy, of the Interior, and of the Army to retain a private sector advisor with respect to selling all facilities and related appurtenances used to generate the electric power marketed by the Southeastern, Southwestern and Western Area Power Administrations.
(Sec. 9203) Restructures the capital investment costs of the Bonneville Power Administration in order to arrive at new principal amounts bearing interest rates at the Treasury rate for the old capital investment.
Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to provide that payments made by Administrator of the Bonneville Power Administration to the tribes pursuant to a certain settlement agreement shall be a credit that reduces the Administrator's payments to the Treasury by specified amounts.
Requires contract provisions governing the sale of Bonneville Power Administration assets to reflect the restructured principal amounts and interest rates.
Requires Department of Energy studies and a report to the Congress on: (1) the possible impact on the Bonneville Power Administration customer base of increased rates for electric power sales; and (2) Bonneville Power Administration costs of compliance with the Endangered Species Act of 1973.
Part 2: Reclamation - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a certain repayment contract between the United States and the Central Utah Water Conservancy District under terms similar to a certain supplemental contract that provided for the prepayment of the Jordan Aqueduct. Requires the District to exercise its right to prepayment by the end of FY 2002.
(Sec. 9212) Treats the city of Folsom, California, as a Central Valley Project contractor as of November 1, 1990, in order to consider it eligible to be a transferee of Central Valley Project water earmarked for municipal and industrial purposes.
(Sec. 9213) Sly Park Unit Conveyance Act - Instructs the Secretary of the Interior to: (1) sell the Sly Park Unit to the El Dorado Irrigation District (California) for a specified price; (2) transfer and assign certain water rights to such District; and (3) convey all Federal interest in the Sly Park Unit to the District.
States that the Congress specifically finds that such sale and water rights conveyance is not subject to environmental or endangered species review under specified environmental protection laws.
(Sec. 9214) Amends specified Federal law to raise from $30,000 to $8 million the annual charge to San Francisco and other municipalities or water districts granted water rights-of-way from the Hetch Hetchy Dam. Makes annual operation of Yosemite National Park (currently, the building and maintenance of roads and trails in Yosemite and other California national parks) the highest priority use of the proceeds from such charges, with the remainder of any funds to be used for operations of the other California national parks.
Subtitle C: National Parks, Forests, and Public Lands - Part I: Concession Reform - Visitor Facilities and Services Enhancement Act of 1995 - Defines "Secretary concerned" for purposes of this Part as: (1) the Secretary of Interior with respect to the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Land Management, and the Bureau of Reclamation; (2) the Secretary of Agriculture with respect to the Forest Service; and (3) the Secretary of the Army with respect to the U.S. Army Corps of Engineers.
(Sec. 9304) Authorizes the Secretary concerned, under specified conditions, to enter into: (1) a concessioner service agreement (agreement) and issue either a competitive or noncompetitive offering for concessioner services, facilities, or activities (requires a lease to be issued if the concessioner develops or uses fixed facilities on Federal lands); or (2) a license for concession services when the Secretary determines there is no need to limit the number of concessioners providing such services.
Sets forth provisions requiring: (1) designation by the Secretaries concerned of a lead agency concerning concessions which conduct a single operation on lands or waters under multiple jurisdictions; (2) such lead agency to be that agency under whose jurisdiction the concessioner generates the greatest amount of gross receipts, unless otherwise agreed; and (3) such designated agency to issue one authorization and collect one fee under this Act for the operation. Exempts: (1) leases or licenses of entire areas to States or other political subdivisions; and (2) any third party agreement insured by such entities concerning such areas.
(Sec. 9305) Requires the Secretary concerned to: (1) enter into and reissue an agreement with the person who submits the best proposal through a competitive process as defined in this Act; and (2) prepare a solicitation and prospectus which describes the concession service opportunity and publish announcements of the availability of such solicitation, prospectus, and opportunity in appropriate locations.
Sets forth provisions regarding: (1) factors and minimum standards used to determine the best proposal; (2) the selection process; (3) the categorical exclusion provided by the National Environmental Policy Act of 1969 to temporary extensions and similar reissuance of agreements to provide concession services similar in nature and amount to concessions services provided under the previous authorization; and (4) modification of agreements.
(Sec. 9306) Requires the Secretary concerned: (1) for the duration of an agreement, to develop a program of annual evaluations of the concessioners operating under the agreement who are providing visitor services in areas under the Secretary's jurisdiction; (2) to seek broad public input from concessioners, State agencies, and other interested persons in developing such program; and (3) to review the performance of each concessioner at least semiannually and to assign each concessioner an overall rating for each year.
Authorizes the Secretary concerned to suspend, revoke, or terminate a concession authorization if a concessioner, after being notified that its performance is unsatisfactory, fails to correct the conditions identified as required. Sets forth provisions providing for performance incentives for incumbent concessioners and a renewal penalty for a concessioner whose annual performance is found to be unsatisfactory.
(Sec. 9307) Limits concessioners to construction or financing of construction of public facilities on Federal lands that are to be used by the concessioner under the terms of its agreement or facilities necessary for the concessioner to administer such public facilities on Federal land.
Provides that a concessioner required or authorized by an agreement to construct any structure, improvement, or fixture on Federal lands shall have an investment interest therein, to the extent provided by the agreement and this Part. Prohibits such investment interest from being extinguished by the expiration of the agreement. Allows the investment interest to be assigned, transferred, encumbered, or relinquished. Sets forth limitations on such interest.
Requires the agreement to specify which new improvements, if any, shall become Government property upon its expiration. Bars a concessioner from obtaining an investment interest in any building which is wholly owned by the Government. Provides that the title to the land on which such structure, improvement, or fixture is placed shall be owned by the United States.
Directs the Secretary concerned to: (1) require the new concessioner to buy the investment interest of the existing concessioner not selected as the best qualified applicant at the time of reissuance of an agreement; and (2) compensate the concessioner in an amount equal to the value of the concessioner's investment interest in facilities that are discontinued or closed by reason of the Secretary's decision.
Sets forth a formula for determining the value of an investment interest of any capital improvement at the end of the agreement period.
(Sec. 9308) Establishes a ten-year term for an agreement. Allows the Secretary concerned to issue such agreement for less than ten years but at least for five years if the Secretary determines that the average annual gross receipts over its life would be less than $100,000. Requires the Secretary to issue the agreement for longer than ten years if the Secretary determines that it is in the public interest or necessary due to the extent of investment and associated financing requirements and to meet the obligations assumed. Limits the term of an agreement to 30 years and the term of a concession license to two years.
Allows the Secretary to agree to temporary extensions of agreements for up to two years on a noncompetitive basis to avoid interruption of services to the public.
(Sec. 9309) Sets forth provisions regarding: (1) rates and charges (requires, for agreements only, rates and charges to the public to be set by the concessioner, subject to the concerned Secretary's approval only where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the area in which the concessioner operates); and (2) the transfer or assignment of such agreements, with the Secretary's approval. Prohibits the transfer of a concession license.
(Sec. 9311) Requires the Secretary concerned to establish a fee for the privilege of providing concession services. Allows such fee to include: (1) an annual cash payment for the privilege of providing concession services; (2) the amount required for capital improvements required pursuant to this Act; (3) fees for rental or lease of Government-owned facilities or lands occupied by the concessioner; or (4) expenditures for maintenance of, or improvements to, such Government-owned facilities. Directs the Secretary concerned to establish a minimum fee for each of such components. Provides that the final fee shall be the amount bid by the selected applicant under the competitive selection process, with the exception that the Secretary concerned: (1) shall base the final fee for simultaneous authorizations for river runners, outfitters, or guide concession operations of substantially similar services in a specific geographic area on historical data, where available, as well as on industry- specific and other available market data; or (2) may establish a charge per user day. Sets forth provisions concerning: (1) adjustments of fees; and (2) a concession license fee (such fee shall at least cover the program's administrative costs and may not be changed over the term of the license).
(Sec. 9312) Requires a concessioner to establish a concession improvement account if the agreement requires the individual to make capital improvements or occupy Government-owned facilities. Specifies provisions concerning such account with respect to: (1) terms and conditions; (2) disbursements; (3) records; (4) an annual financial statement; and (5) transfer of a remaining balance (upon the termination of a concession authorization or upon the transfer of an agreement).
Requires the Secretary concerned to: (1) deposit up to a specified amount of receipts from concession services fees and the rental of Government-owned facilities for a fiscal year in the Treasury as miscellaneous receipts for the National Park Service for FY 1997 through 2002; (2) deposit receipts exceeding such specified amounts into concession improvement accounts to be distributed to each concessioner for expenditures on visitor services and facilities; and (3) develop a schedule of anticipated receipts to be deposited into the Treasury for other agencies covered under this Part and to submit such schedule to appropriate congressional committees within 18 months of this Act's enactment. Requires the Inspector General of the Department concerned, beginning with FY 1998, to biennially audit and report to specified congressional committees on such generated concession fees.
(Sec. 9313) Requires the Board of Contract Appeals (Board) within each Department to adjudicate disputes between the Government and concessioners arising under this Part. Sets forth dispute procedures which: (1) permit agency decisions to be appealed to the Board after one level of administrative review; (2) demand an expedited procedure for consideration of appeals to suspend, revoke, or terminate a concession authorization; (3) allow a person to seek judicial review of decisions made by the Board; and (4) exclude the expiration of a concession authorization from appeal.
Excludes disputes arising under this Part from the jurisdiction of the General Accounting Office to review bid protests under the Competition in Contracting Act of 1984.
(Sec. 9314) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year of each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the concession authorization involved.
(Sec. 9315) Provides that the following laws and regulations shall not apply to agreements and concession licenses under this Part: (1) Title III of the Federal Property and Administrative Services Act of 1949; (2) the Office of Federal Procurement Policy Act; (3) the Federal Acquisition Streamlining Act of 1994; (4) the Brooks Automatic Data Processing Act; (5) provisions of Federal law relating to U.S. armed forces general and miscellaneous procurement; (6) the Federal Acquisition Regulation (FAR) and any unspecified laws providing authority to promulgate regulations in FAR; (7) the Randolph-Sheppard Act; and (8) the Service Contract Act of 1965.
Repeals the Concessions Policy Act of 1965 and provisions of Federal law concerning: (1) the use and occupation of national forest lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational, or public use; (2) the use of Forest Service appropriations for operation, repair, maintenance, and replacement of motor and other equipment; and (3) the rental of fire control equipment to non-Federal agencies.
Provides that the provisions of this Part shall supersede the provisions of the following Acts as they pertain to concessions management: (1) the Federal Land Policy and Management Act of 1976; (2) the Refuge Recreation Act; and (3) the National Wildlife Refuge System Administration Act of 1966.
Prohibits the Secretary of the Army from leasing lands, including structures or facilities thereon, at water resource development projects for commercial concessions purposes.
Provides that: (1) the right of renewal explicitly provided for by any concession contract affected by the repealing, superseding, or amending of the provisions of an Act referred to in this Part shall be preserved for a single renewal of a contract following the enactment of this Part; (2) nothing in this Part shall be construed to change the value of existing capital improvements or possessory interests as identified in concession contracts entered into before this Act's enactment nor to amend, supersede, or otherwise effect any provision of the Alaska National Interest Lands Conservation Act relating to revenue-producing visitor services; and (3) no provision of this Part shall apply to any ski area permittee operating on lands administered by the Forest Service.
Sets forth procedures for the reissuance of existing concessioner contracts which: (1) have expired before or within five years of this Act's enactment; and (2) are entered into before, and projected to terminate five years or more after, such enactment.
Part 2: National Forest Ski Areas - Requires the Secretary of Agriculture, within five years after the enactment of this Part, to offer to sell at least 40 ski areas to the qualifying ski area operator. Provides that, for purposes of such sale, lands are qualifying concession lands if they are: (1) subject to a lease on this Act's enactment date for use as a ski area with improvements with a fair market value greater than $2,000,000; and (2) located either adjacent to the boundary of the Federal lands or adjacent to other significant private in holdings.
Requires the Secretary to provide for an independent appraisal of the lands and interests to be transferred.
Authorizes the Secretary to transfer, by sale or exchange, additional National Forest System lands for purposes of adding such lands to, and operating them as part of, such ski areas. Sets forth provisions for the use of proceeds generated through the sales.
(Sec. 9322) Amends the National Forest Ski Area Permit Act of 1986 to require that the fee for all ski area permits on National Forest System lands be calculated, charged, and paid according to a specified formula. Provides that the terms of any existing ski area permit in effect on this Act's enactment that specify a different fee calculation method shall prevail unless the permit holder notifies the Forest Service that the individual agrees to adopt the specified formula. Requires the Forest Service to encourage such permit holder to consider adopting the new formula in order to reduce administrative costs.
Sets forth provisions regarding: (1) minimum rental fees; (2) time for payment; (3) requirements for reports by the Secretary to specified congressional committees analyzing whether the ski area permit system legislated by this Act is returning fair market value rental to the United States, together with any recommendations the Secretary may have for modifications in the system; (4) transition of the new ski area permit fee; (5) applicability of the National Environmental Policy Act of 1969 to reissuance of ski area permits; and (6) withdrawal of ski areas from operation of mining laws.
Part 3: Domestic Livestock Grazing - Sets forth applicable regulations for domestic livestock grazing on Bureau of Land Management and Forest Service lands.
(Sec. 9332) Establishes: (1) a basic grazing fee formula based upon the three-year average of the value of livestock production (exclusive of certain progeny) and the ten-year average of certain Treasury bill rates; and (2) a 15-year permit tenure.
(Sec. 9335) Exempts grazing activities in conformance with land use plans from further documentation required under the National Environmental Policy Act of 1969.
Part 4: Regional Disposal Facility of Southwestern Low Level Radioactive Waste Disposal Compact - Provides for the transfer of specified Federal land in California (Ward Valley site) to the State of California for use as a low level radioactive waste disposal site.
Subtitle D: Territories - Part 1: Commonwealth of the Northern Mariana Islands - Terminates certain annual grants to the Commonwealth of the Northern Mariana Islands.
Part 2: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior.
Subtitle E: Minerals - Part 1: Hardrock Mining - States that unless specified patent transition procedures are met, patents will be issued upon payment of the fair market value of the Federal interest in the land, exclusive of, and without regard to: (1) the mineral interests it contains; or (2) its use for mineral activities. Subjects such patents to a Federal royalty.
(Sec. 9503) Subjects the production and sale of locatable minerals from an unpatented mining claim to a royalty of 3.5 percent on the net proceeds. Cites royalty exclusions. States that the royalty obligation only accrues upon the sale of mining claim products, not upon their stockpiling for future processing. Defines net proceeds and gross yield for purposes of determining royalty obligations. Excludes from gross yield profits or losses incurred in connection with forward sales, futures or commodity options trading, or any other price hedging or speculative transaction. Delineates limitations and allocations of net proceeds, gross yield, and allowable costs. Requires assessment of interest on unpaid royalties.
Declares that the owner of a mining claim under this Act is not under an implied covenant to undertake activity as a result of the obligation to pay a royalty. Emphasizes that any such activity is in the sole discretion of the claim owner.
(Sec. 9504) Amends specified Federal law to provide that all deposits of mineral materials, including block pumice, shall be subject only to the disposal guidelines of the Materials Act of 1947.
Amends specified mining law to open lands with valuable mineral deposits to leasing by the Secretary of the Interior conditioned upon: (1) minimum royalty payments of two percent of the gross value of their output; and (2) advance payment of 25 cents per acre for the first year, 50 cents per acre for the second through the fifth year, and one dollar per acre thereafter. Credits such rental against royalties. Conditions leases also upon a minimum annual production or payment of a minimum royalty, except during certain emergency production interruptions.
Authorizes the Secretary to grant prospecting permits conferring the exclusive right to prospect for mineral materials in specified Federal lands. Entitles a permittee who has discovered valuable minerals to a lease at a minimum royalty of two percent of the quantity or gross value of the output of the mineral materials at the point of shipment to market.
Amends Federal law regarding unpatented mining claims to reserve in the United States the right to manage and dispose of the mineral material surface resources prior to issuance of a mining claim patent.
Repeals the Building Stone Act and the Saline Placer Act.
Amends Federal mining law to authorize the Secretary to contract for the disposal of mineral materials. Restricts the maximum royalty for the gross value of the output of sodium compounds to five and one- half percent subject to certain conditions.
(Sec. 9505) Mandates an annual maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor. Provides that the owner of each unpatented mining claim or site shall pay a location fee in lieu of the initial annual $100 maintenance fee per mining claim or site for the assessment year which includes the date of site or claim location. Exempts from annual maintenance requirements owners who certify that governmental actions, including actions of an Indian tribal authority, have denied access to their claims or sites.
Sets forth an annual maintenance fee schedule which ranges from $100 for each of the first three years to $500 per year after the fifteenth year. Identifies annual labor activities which may be credited dollar for dollar towards up to 75 percent of the annual maintenance fee payable. Permits application to future maintenance fees of excess amounts expended for annual labor performed over such percentage limitation. Specifies work qualifying as annual labor. Requires that each maintenance fee payment be accompanied by a statement identifying the pertinent claim or site, which shall be in lieu of any annual mining filing requirements.
Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act.
Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Reduces the annual claim maintenance fee payments for unpatented mining claim or site by the amount of royalty paid during the prior assessment year for such site or for any contiguous claim or site. Exempts from these requirements any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992.
Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void.
Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993.
Instructs the Secretary to review the fee structure periodically and report on it to the Congress.
Part 2: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both.
(Sec. 9513) Bars a judicial action relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) the period of limitations; (2) adjustments and refunds; and (3) recordkeeping requirements.
(Sec. 9516) Authorizes the Secretary to waive royalty interest. Prescribes requirements for Federal payment of interest on inadvertent (but not on deliberate) excessive overpayments of royalties. Provides for estimated royalty payments. Prescribes royalty reporting and payment requirements with respect to volume allocation of oil and gas production for Federal leases in unit or communitization agreements and for those not in such agreements.
(Sec. 9517) Amends FOGRMA to prohibit assessments for late payments or underpayments. Restricts assessments to erroneous reports only (but permits the imposition of penalties or interest for late payments or underpayment).
(Sec. 9518) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties.
(Sec. 9519) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping obligations.
Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public at less than fair market value).
(Sec. 9520) Amends FOGRMA to require the Secretary to streamline and simplify current royalty management requirements and practices, including reporting, instruction, audits and collections.
(Sec. 9521) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties.
Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments.
(Sec. 9522) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits and inspections with respect to all Federal lands within their borders to include production and royalty accounting duties and specified royalty collections. Authorizes a State to request that the Secretary sell the revenue stream from certain Federal leases on marginal properties.
(Sec. 9523) Amends FOGRMA to replace the knowing and willful standard for violations which incur a civil penalty to a standard of willful misconduct or gross negligence (a higher and more difficult standard to prove).
(Sec. 9524) Excludes Indian lands and privately owned minerals from the purview of this Act.
Subtitle F: Indian Gaming - Amends the Indian Gaming Regulatory Act to increase fee-based funding for the National Indian Gaming Commission from class II gaming activities. Prohibits authorization of appropriations for Commission operations.
Subtitle G: Consultation - Amends the Endangered Species Act of 1973 to state that the limitation of resources commitment between a Federal agency and a permit or license applicant shall only apply to site-specific projects or activities.
Subtitle H: Mapping - Department of the Interior Surveying and Mapping Efficiency and Economic Opportunity Act of 1995 - Directs the Secretary of the Interior to conduct a mapping and surveying contracting program. Provides for: (1) a published inventory of Department of the Interior mapping and surveying activities; and (2) increased use of private services.
Title X: Committee on Transportation and Infrastructure - Subtitle A: Water Resources - Prohibits the Secretary of the Army from modifying any concession service agreement, concession license, or similar instrument except to the extent permitted under law before enactment of this Act.
(Sec. 10002) Authorizes the Director of the Federal Emergency Management Agency (FEMA) to assess and collect fees from persons subject to radiological emergency preparedness regulations. Terminates such assessment authority on September 30, 2002.
Subtitle B: Ocean Shipping Reform - Ocean Shipping Reform Act of 1995 - Chapter 1: Ocean Shipping Reform - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs.
(Sec. 10212) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association.
(Sec. 10213) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts.
(Sec. 10214) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement.
(Sec. 10216) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal the automated tariff filing and information system provisions of such Act.
Amends the Shipping Act of 1984 to revise provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services.
(Sec. 10219) Revises provisions for actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States.
(Sec. 10220) Authorizes the Secretary of Transportation to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding.
(Sec. 10224) Revises certain license and bond requirements with respect to ocean freight forwarders.
(Sec. 10227) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal.
Chapter 2: Controlled Carriers Amendments - Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates.
(Sec. 10231) Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages them. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when such information would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive.
(Sec. 10232) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers.
(Sec. 10233) Requires the Secretary to submit to the Congress an annual report on: (1) actions taken under the Foreign Shipping Practices Act and certain sections of the Shipping Act of 1984 and this Act; and (2) the effect on U.S. maritime employment of laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime services in a foreign country that result in the existence of conditions that adversely affect the operations of U.S. carriers in U.S. oceanborne trade.
Chapter 3: Elimination of the Federal Maritime Commission - Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997.
(Sec. 10241) Authorizes appropriations.
Subtitle C: Midewin National Tallgrass Prairie - Chapter 1: General Provisions - Entitles this subtitle the Illinois Land Conservation Act of 1995 (the Act, for purposes of this subtitle).
Chapter 2: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995. Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Secretary of Agriculture. Provides that the Secretary of the Army and the Secretary of Agriculture shall both maintain security for designated portions of the Area.
(Sec. 10312) Directs the Secretary of the Army to: (1) transfer the designated portions of Arsenal land to the Secretary of Agriculture within six months of the Act's enactment; and (2) retain jurisdiction over any real property at the Arsenal which may be used for actions required under any environmental law to remediate contamination or conditions of noncompliance.
(Sec. 10313) States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal department or agency with hazardous materials at the Arsenal to pay for the cost of cleanup.
(Sec. 10314) Directs the Secretary of Agriculture to establish the Prairie on the date of transfer of portions of the Arsenal to be managed for National Forest Service purposes. Authorizes the Secretary of Agriculture to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations in the management of the Prairie.
(Sec. 10315) Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge user fees and to waive such fees for certain individuals.
(Sec. 10316) Provides special disposal rules for certain land parcels at the Arsenal.
Chapter 3: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Directs the Secretary of the Army to transfer certain land parcels at the Arsenal to the Secretary of Veterans Affairs for use as a national cemetery.
(Sec. 10322) Directs the Secretary of the Army to transfer a portion of the Arsenal to Will County, Illinois, for use as a landfill. Permits the United States to maintain a reversionary interest in the property for a five-year period, to be exercised if the County fails to meet the transfer conditions.
(Sec. 10323) Directs the Secretary of the Army to transfer a portion of land at the Arsenal to the State of Illinois for economic redevelopment purposes. Conditions the receipt of the land upon the Illinois Governor establishing a redevelopment authority to oversee the economic development. Permits the United States to retain a 20- year reversionary interest in such land.
Chapter 4: Miscellaneous Provisions - Provides that this subtitle does not alter any requirements to be carried out in compliance with existing environmental laws.
Subtitle D: Miscellaneous Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports.
(Sec. 10402) Directs the Administrator of General Services to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York; (2) sell the air rights to the land adjacent to Union Station in Washington, D.C.; and (3) issue regulations requiring each executive agency to collect fees for the use of all parking facilities provided for such agency at Federal expense.
Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs (Department, for purposes of this title); (2) the authority for collection of a $2 copayment from veterans earning above a minimum income level for prescription medication furnished for outpatient treatment of a non-service- connected condition; (3) certain Department veterans' medical care cost recovery authority; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs-based benefits; (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and who are in Medicaid-participating nursing homes; (6) the authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for housing loans which are guaranteed by the Department; and (7) the procedures applicable upon the default of such guaranteed loans.
Subtitle B: Other Matters - Increases from $2 to $3 the prescription drug copayment required from certain veterans. Terminates the authority of the Secretary to waive such copayments or the collection of any indebtedness for failure to make such copayments.
(Sec. 11022) Directs the Secretary, as of December 1, 1995, to round out to the next lower whole dollar any cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates. Prohibits any such rates from being increased during FY 1997 through 2002 by a percentage which is more than the percentage increase for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act.
(Sec. 11023) Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements.
(Sec. 11024) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans.
(Sec. 11025) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice and an opportunity to seek a waiver, or challenge the validity, of such debt before collection.
Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts for such care and services are provided in advance in appropriations Acts; (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, low-income veterans, former prisoners of war, and veterans of World War I; and (3) provide such eligibility for veterans who were exposed to a toxic substance, radiation, or environmental hazard during the performance of duty.
(Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf veterans.
(Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.)
(Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision to enrollees of timely and quality care. Requires the Secretary to establish and manage Department health care programs in a manner which promotes cost-effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for the specialized needs of certain disabled veterans, while not reducing its current capacity to provide services to other veterans.
(Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense on October 1, 1996. Entitles the United States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility.
(Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing to include all health care resources and to allow health care providers, plans, or insurers or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances.
(Sec. 11037) Exempts from Department medical personnel limitations all positions held by persons involved in providing health-care resources under sharing agreements.
Title XII: Trade - Subtitle A: Technical Corrections and Miscellaneous Trade Provisions - Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of such claim for the reliquidation (refund) of excess duties paid on entries of North American Free Trade (NAFTA) products.
(Sec. 12002) Amends Federal customs law to repeal the requirement that certain vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits.
Requires the Secretary of the Treasury to enter into contracts with collection services to recoup expenses associated with recovering indebtedness owed to the Government under the customs laws.
(Sec. 12003) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates.
(Sec. 12005) Amends the Caribbean Basin Economic Recovery Act and the Andean Trade Preference Act to declare that duty reductions for certain leather-related products shall not apply to textile and apparel articles subject to textile agreements.
(Sec. 12007) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months (one year if a major disaster occurs) if certain conditions are met.
(Sec. 12008) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008).
(Sec. 12009) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1988 Goodwill Games.
(Sec. 12012) Provides for the electronic transmission of data to the U.S. Customs Service with respect to the duty-free treatment of imported civil aircraft pursuant to the Agreement on Trade in Civil Aircraft.
(Sec. 12013) Amends the Customs and Trade Act of 1990 to extend, through December 31, 1994, the temporary exemption from duty of the cost of certain foreign repairs made to U.S. vessels.
(Sec. 12014) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the prohibition against the charging of fees for certain customs services to include services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States. Declares that such exemption shall not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the United States if there are no intervening stops. Requires that passengers on commercial vessels making a single voyage involving two or more U.S. ports be charged a fee only once.
(Sec. 12016) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products.
(Sec. 12017) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry.
(Sec. 12018) Amends the Trade Act of 1974 to require the United States Trade Representative to identify trade liberalization priorities annually from calendar years 1996 through 2000.
Subtitle B: Generalized System of Preferences - GSP Renewal Act of 1995 - Amends the Trade Act of 1974 with respect to the Generalized System of Preferences (GSP). Authorizes the President to designate a country as a least-developed beneficiary developing country for extension of trade preferences under the GSP.
(Sec. 12102) Makes Austria, Finland, and Sweden eligible for designation as a beneficiary developing country.
Declares that, for purposes of designating a beneficiary developing country, a country may be found to not provide protection of intellectual property rights, notwithstanding the fact that it may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the Uruguay Round Agreements Act.
Authorizes the President to withdraw or suspend duty-free treatment for the products of a country based on consideration of specified factors and comments received from the public. Requires the President to: (1) withdraw or suspend the designation of a country as a beneficiary developing country if it is determined that changed circumstances would bar its designation as a beneficiary developing country; and (2) terminate the designation of a country as a beneficiary developing country if he or she determines that such country has become a "high income" country. Requires the President to notify the Congress before designating or terminating a country as a beneficiary developing country.
Revises requirements for the designation of articles as eligible for preferential treatment. Authorizes the President to designate additional articles as eligible articles for countries designated as least-developed beneficiary developing countries if, after receiving advice from the International Trade Commission, it is determined that such articles are not import-sensitive. Prohibits an article that has been denied designation as an eligible article from being reconsidered for such designation for a three year period.
Prohibits, with respect to the President's withdrawing, suspending, or limiting the duty-free treatment of an eligible article, the establishment of a duty rate for such article other than the rate which would apply but for this Act.
Requires the President to terminate the duty-free treatment for an article from a beneficiary developing country (except least-developed beneficiary developing countries) whenever it is determined that such country has exported, directly or indirectly, to the United States during any calendar year a quantity of an eligible article: (1) having an appraised value in excess of $75 million (increased by $5 million on January 1 each calendar year after 1995); or (2) equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during the calendar year. Authorizes waiver of such competitive need limitation in the national economic interest if any U.S. industry is unlikely to be adversely affected by it.
Prohibits any action under this Act from affecting any tariff duty imposed by the Legislature of Puerto Rico under the Tariff Act of 1930 on coffee imported into Puerto Rico.
Requires the President to report to the Congress on: (1) the operation of this Act; and (2) the status of internationally recognized worker rights within each beneficiary developing country.
(Sec. 12103) Directs the Secretary of the Treasury to liquidate or reliquidate and refund any duties that were paid on any entry: (1) of any article to which duty-free treatment under the GSP of the Trade Act of 1974 would have applied if such entry had been made on July 31, 1995; and (2) that was made after July 31, 1995, and before enactment of this Act.
Requires buffalo leather from Thailand that is entered into the United States under certain entry numbers to be liquidated or reliquidated as if entered on June 30, 1995.
Subtitle C: Trade Adjustment Assistance - Amends the Trade Act of 1974 to revise worker training requirements with respect to the payment of trade adjustment assistance to adversely affected workers. Repeals limitations on additional payments of trade readjustment allowances to workers during training periods.
(Sec. 12201) Repeals the authority for relocation allowances to adversely affected workers.
Extends through FY 2000: (1) the trade adjustment assistance program; and (2) authorization of appropriations for such program.
Title XIII: Committee on Ways and Means-Revenue Reconciliation - Revenue Reconciliation Act of 1995 - Subtitle A: Extension of Expiring Provisions, Etc. - Part 1: Extensions Through December 31, 1997 - Amends the Internal Revenue Code to extend through December 31, 1997, the: (1) targeted jobs credit; (2) exclusion from gross income of an employee of employer provided educational assistance; (3) credit for increasing research activities; (4) special rule concerning charitable contributions of stock for which market quotations are readily available; and (5) credit for the clinical testing expenses of certain drugs for rare diseases or conditions. Makes additional revisions to provisions concerning the subjects of clauses one, two, and three.
Part 2: Permanent Extension of FUTA Exemption for Alien Agricultural Workers - Extends permanently the Federal Unemployment Tax Act exemption for alien agricultural workers.
Part 3: Commercial Aviation Fuel - Delays for two years, until September 30, 1997, the scheduled increase in the tax on fuel used in commercial aviation. Imposes a floor stocks tax, subject to stated exceptions, on such fuel held on October 1, 1997.
Requires a study of the Federal excise tax burden on each of the various modes of transportation.
Part 4: Extension of Airport and Airway Trust Fund Excise Taxes - Extends until September 30, 1996, the current Airport and Airway Trust Fund excise taxes.
Subtitle B: Medical Savings Accounts - Permits a deduction for both itemizers and nonitemizers of up to the lesser of $2,500 (for an individual) or the deductible under a catastrophic health plan for amounts paid into a medical savings account.
Subtitle C: Pickle-Johnson Taxpayer Bill of Rights 2 - Part 1: Taxpayer Advocate - Establishes in the Internal Revenue Service the Office of the Taxpayer Advocate which shall assist taxpayers in resolving problems with the IRS.
Part 2: Modifications to Installment Agreement Provisions - Requires that a taxpayer be given 30 days notice and an explanation of the reasons for modifying or terminating an installment agreement.
Directs the Secretary of the Treasury to establish procedures for the independent review, for taxpayers requesting such a review, of such terminations.
Part 3: Abatement of Interest and Penalties - Expands the authority of the IRS to abate assessments of interest to include delays caused by a managerial act or an unreasonable error. Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion.
Part 4: Joint Returns - Directs the Secretary to conduct specified studies of joint return-related issues.
Part 5: Collection Activities - Permits the Secretary to withdraw a notice of a lien if: (1) the notice was premature; (2) the taxpayer agrees to pay in installments; (3) withdrawal will facilitate collection; or (4) the withdrawal would be in the best interests of the United States.
Increases from $1,650 to $2,500 the amount of personal property that is exempt from levy.
Increases from $500 to $100,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel.
Part 6: Information Returns - Permits an individual who has had an information return which was fraudulently filed in his or her name by another to bring a civil action against such other person.
Part 7: Awarding of Costs and Certain Fees - Places the burden of proof on the IRS to establish that it was substantially justified in charging a taxpayer with a deficiency. Raises the amount of attorney's fees recoverable per hour by the prevailing party.
Part 8: Modification to Recovery of Civil Damages for Unauthorized Collection Actions - Increases the limit from $100,000 to $1,000,000 on the recovery available for unauthorized IRS collection activities.
Part 9: Modifications to Penalty for Failure to Collect and Pay Over Tax - Requires the IRS to issue a notice in writing, with respect to the failure to collect and pay an over tax, to a taxpayer at least 60 days in advance of any demand for a penalty. Requires the IRS, where there is more than one responsible party subject to such penalty, to disclose the name, to one responsible party, of any other responsible party. Exempts volunteer members of tax-exempt organizations from penalty for failure to collect and pay over tax.
Part 10: Modifications of Rules Relating to Summonses - Includes any enrolled agent as a third-party recordkeeper with respect to the special procedures for the issuance of summonses.
Part 11: Relief from Retroactive Application of Treasury Department Regulations - Provides generally, with exceptions, that no temporary, proposed, or final regulation to the tax code shall apply before its publication in the Federal Register or the date on which any notice substantially describing the expected contents of any such regulation is issued to the public.
Part 12: Miscellaneous Provisions - Requires a report on a pilot program for appeal of enforcement actions.
Amends the Anti-Drug Abuse Act of 1998, as well as the Internal Revenue Code, to extend for five years the authority for certain undercover operations.
Allows a credit of up to $6,000 for qualified expenses in connection with an audit under the Tax Compliance Measurement Program.
Subtitle D: Additional Technical Corrections - Makes corrections to the following Acts: (1) the Technical and Miscellaneous Revenue Act of 1988; (2) the Tax Reform Act of 1986; (3) the Revenue reconciliation Act of 1990; (4) the Deficit reduction act of 1984.
Sets forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service.
Subtitle E: Tax Information Sharing - Extends the authority to disclose certain return information to the Department of Veterans Affairs.
Subtitle F: Revenue Increases - Part 1: Provisions Relating to Businesses - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontaxed portion of extraordinary dividends, that if the nontaxed portion of such dividend exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received.
Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file. Prohibits a deduction for interest paid on life insurance policies or annuities which cover a company officer or employee. Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995.
Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts.
Part 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages.
Part 3: Treatment of Individuals Who Lose United States Citizenship - Revises provisions concerning expatriation to avoid taxes, including the following changes: (1) applies the provisions to certain long-term residents; (2) permits the Secretary to expand the ten year taxation period to fifteen years; (3) increases the categories of income treated as U.S. source income; (4) giving credit for foreign taxes imposed on U.S. source income; and (5) requiring the filing of certain information by expatriates. Revises the comparable estate and gift tax provisions.
Part 4: Reforms Relating to Energy Provisions - Requires wind and closed-loop biomass energy facilities to be placed in service before September 14, 1995, in order to receive a tax credit.
Denies a credit for alcohol used to produce ether. Limits the alcohol that is eligible for credit for alcohol used as fuel. Revises provisions concerning energy conservation subsidies provided by public utilities.
Part 5: Reforms Relating to Nonrecognition Provisions - Revises provisions concerning the involuntary conversion of property into either similar property or money.
Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S.
Part 6: Reforms Relating to Gambling Activities - Subjects to the tax on unrelated business income of charitable organizations income earned by an Indian tribe as a result of any class II or III gaming activity.
Requires withholding from winnings of $5,000 or more from bingo or keno.
Part 7: Other Reforms - Terminates the low-income housing credit after December 31, 1997.
Repeals the: (1) credit for contributions to a community development corporation; (2) credit for purchasers of diesel-powered automobiles and light trucks; and (3) the provision which provides for the exclusion from income of rent from the rental of a vacation home for less than 15 days.
Permits any qualified student loan funding corporation to end its status as a qualified scholarship funding corporation. Permits the interest on such a corporation's bond to remain tax-exempt if specified conditions are met.
Part 8: Excise Tax on Amounts of Private Excess Benefits - Imposes a 25 percent tax (which shall be paid by the disqualified person) on any transaction from which an economic benefit is provided by a tax-exempt organization directly or indirectly to a disqualified person, if the value of the benefit provided exceeds the value of the consideration. Sets forth additional reporting requirements for 501(c)(3) organizations. Requires an exempt organization to make available a copy of its return.
Requires any solicitation of an organization that refers to itself as nonprofit, when it is not exempt from tax, to contain an express statement that it is not exempt from tax. Imposes a penalty for failure to disclose.
Subtitle G: Reform of the Earned Income Tax Credit - Repeals the earned income credit for individuals without children. Increases the phaseout rates. Includes in adjusted gross income the following nontaxable items, not previously included, for purposes of determining eligibility for the credit: (1) pension, annuity, and individual retirement plan income; and (2) social security benefits. Denies the credit to individuals not authorized to be in the U.S.
Subtitle H: Increase in Public Debt Limit - Increases the statutory limit on the public debt.
Subtitle I: Coal Industry Retiree Health Equity - Repeals the reachback provisions of the coal industry's health benefit system.
Title XIV: Committee on Ways and Means: Tax Simplification - Tax Simplification Act of 1995 - Subtitle A: Provisions Relating to Individuals - Part 1: Provisions Relating to Rollover of Gain on Sale of Principal Residence - Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence.
Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence.
Part 2: Other Provisions - Permits the payment of taxes by any commercially acceptable means deemed appropriate by the Secretary.
Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200.
Excludes certain personal transactions from foreign currency rules.
Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers.
Limits the exclusion of combat pay from withholding to the amount excludable from gross income.
Subtitle B: Pension Simplification - Part 1: Simplified Distribution Rules - Repeals: (1) the $5,000 the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions.
Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments.
Part 2: Increased Access to Pension Plans - Modifies certain simplified employee pensions with respect to allowable participants and participation requirements.
Allows local governments and tax-exempt organizations to maintain cash or deferred arrangements.
Part 3: Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner or who has compensation from the employer in excess of $80,000.
Repeals the family aggregation rules.
Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions.
Modifies the present nondiscrimination test applicable to simplified employee pension plans to provide that the average deferral percentage for nonhighly compensated employees for the preceding year is to be used.
Part 4: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees.
Establishes a contribution limit for owner-employees of retirement plans.
Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59 and one-half.
Modifies the treatment of governmental plans with respect to limits on contributions and benefits.
Makes the social security retirement age the uniform retirement age for purposes of discrimination testing.
Makes uniform the penalty provisions applicable to certain pension reporting requirements.
Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations.
Amends the Uruguay Round Agreements Act to provide a transition rule for computing maximum benefits for qualified plans.
Permits a participant and, if applicable, the participant's spouse to waive the minimum period for the joint and survivor annuity explanation before the annuity starting date.
Repeals the combined limit for participants in both a defined contribution plan and a defined benefit plan maintained by the same employer.
Subtitle C: Treatment of Large Partnerships - Part 1: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the activities involve the performance of personal services by individuals owning interests in such partnerships; or (2) 25 percent or more of partnership assets consist of oil or gas properties.
Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return.
Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure.
Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments.
Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Court of Federal Claims. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full.
Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year.
Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media.
Part II: Provisions Related to Certain Partnership Proceedings - Revises and sets forth new provisions relating to partnership proceedings.
Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which above no taxable income and a net loss from partnership items.
Provides for the partnership return to be determinative of the audit procedure to be followed.
Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy.
Permits a small partnership to have a C corporation as a partner.
Excludes a partial settlement agreement from the one-year limitation on assessment.
Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments.
Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases.
Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum.
Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person.
Provides for the treatment of premature petitions filed by notice partners or five-percent groups.
Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partners in the partnership).
Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements.
Grants a partner seven years (in lieu of three years) to request an administrative adjustment with respect to bad debts or worthless securities.
Subtitle D: Foreign Provisions - Part 1: Modifications to Treatment of Passive Foreign Corporations - Modifies passive foreign investment company provisions and allows a mark-to-market election by a shareholder of such company.
Provides, in general, that a corporation shall not be treated with respect to a shareholder as a passive foreign investment company during the qualified portion of such shareholder's holding period with respect to stock in such corporation.
Provides, in general, that in the case of marketable stock in a passive foreign investment company which is owned by a U.S. person such person may elect: (1) if the fair market value of such stock exceeds its adjusted basis, to include in gross income an amount equal to the amount of such excess; or (2) if the adjusted basis of such stock exceeds the fair market value of such stock, a deduction equal to the lesser of the amount of the excess or the unreserved inclusions with respect to such stock.
Modifies the definition of passive income.
Part 2: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person.
Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions.
Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier.
Repeals Code provisions concerning earnings invested in excess passive assets.
Part 3: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes.
Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit.
Modifies the excise tax on outbound transfers to avoid income tax.
Increases from five to ten percent the threshold for the information reporting by U.S. persons of their ownership of stock in a foreign corporation.
Provides for the treatment of a prize or award received by a nonresident alien by reason of participating in an amateur sports competition in the U.S.
Subtitle E: Other Income Tax Provisions - Part 1: Provisions Relating to S Corporations - Increases from 35 to 75 the number of eligible S corporation shareholders.
Permits an electing small business trust to be a shareholder of an S corporation. Defines electing small business trust.
Expands from 60 days to two years the post-death holding period for testamentary trusts in an S corporation.
Expands the definition of "post-termination transition period" to include the 120 day period beginning on the date of any determination pursuant to an audit which follows the termination of the corporation's election and which adjusts a subchapter S item of income, loss, or deduction arising during the S period.
Permits an S corporation to be a member of an affiliated group, thus permitting it to own the stock of a C corporation.
Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss limitation for a year.
Provides that if: (1) a corporation was an electing small business corporation for any taxable year beginning before January 1, 1983; and (2) such corporation is an S corporation for its first taxable year beginning after December 31, 1995, the amount of such corporation's accumulated earnings and profits (as of the beginning of such first taxable year) shall be reduced by an amount equal to the portion (if any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for which such corporation was an electing small business corporation under subchapter S.
Permits the carryover of disallowed losses and deductions under the at-risk rules.
Part 2: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; or (2) options, futures, or forward contracts (other than those on foreign currencies).
Part 3: Provisions Relating to Real Estate Investment Trusts - Revises provisions concerning the requirements for, and the taxation of, a REIT (real estate investment trust) including: (1) rules relating to the determination of ownership (requires compliance with specified regulations and sets penalties for noncompliance); (2) compliance with closely held prohibition provisions (factors in knowledge of being closely held; (3) definition of rents from real property (excludes and defines impermissible tenant service income); (4) the taxation of capital gains (requires shareholders to include such long-term gains as the trust designates); (5) repealing the 30 percent gross income requirement concerning income derived from the sale of stock and other property; (6) lengthening the grace period with respect to foreclosed property; (7) treating income from all hedges that reduce the interest rate risks as qualifying income; (8) revising safe harbor provisions; and (9) permitting a 100 percent REIT-owned corporation to qualify as a subsidiary, regardless of whether it was always owned by the REIT.
Part 4: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period.
Permits a securities trader to use the mark to market accounting method.
Modifies special rules concerning: (1)nuclear decommissioning costs; and (2) crop insurance proceeds and disaster payments.
Permits partnerships and S corporations to use a fiscal year on the condition that quarterly payments are made. Sets a quarterly underpayment penalty.
Part 5: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements.
Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied.
Repeals the debt service-based limitation on investment in certain nonpurpose investments.
Repeals certain expired provisions.
Part 6: Insurance Provisions - Provides for the treatment of life insurance variable contracts on retired lives and sets forth special rules for modified guaranteed contracts.
Part 7: Other Provisions - Provides that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation, or otherwise.
Makes the employer FICA credit for employee tips available whether or not the employee reported such income.
Revises provisions concerning: (1) the due date for first quarter estimated tax payments by foundations; and (2) the treatment of dues paid to agricultural or horticultural organizations.
Subtitle F: Estates and Trusts - Part 1: Income Tax Provisions - Provides an irrevocable election to treat certain revocable trusts as part of the estate.
Makes the separate share rules available to estates.
Limits the taxable year of an estate to a year ending on October 31, November 30, or December 31.
Repeals certain throwback rules applicable to domestic trusts.
Provides for the treatment of, as well as defines, a qualified funeral trust.
Part 2: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property to be waived in a will only by specific reference.
Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate.
Revises the qualified terminable interest rules with respect to a trust and the marital deduction.
Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument require that all trustees be U.S. citizens or domestic corporations.
Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return.
Increases the unified credit of a decedent by the unified credit of a spouse used on a split gift included in the decedent's gross estate.
Permits the marital deduction with respect to a defective power of appointment or qualified terminable interest property trust, if there is a qualified reformation of the rust to correct the defect.
Prohibits the revaluation of a gift for which the statute of limitations period has passed for purposes of determining the estate tax bracket and the unified credit.
Defines trust for the purposes of a qualified domestic trust to include, to the extent provided in regulations prescribed by the Secretary, other arrangements having substantially the same effect as a trust.
Part 3: Generation-Skipping Tax Provisions - Provides that if a trust holding property having an inclusion ratio of greater than zero is severed in a qualified severance, at the election of the trustee of such trust, the trusts resulting from such severance shall be treated as separate trusts for purposes of the tax on generation- skipping transfers.
Excludes from the definition of taxable termination a direct skip.
Sets forth a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax.
Subtitle G: Excise Tax Simplification - Part 1: Provisions Related to Distilled Spirits, Wines, and Beer - Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants.
Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises.
Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed.
Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant.
Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers.
Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered.
Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more.
Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations.
Allows beer to be removed from a brewery without payment of tax for purposes of destruction.
Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax.
Part 2: Consolidation of Taxes on Aviation Gasoline - Provides for the imposition of entire the aviation gasoline excise tax upon removal from a terminal facility.
Part 3: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales.
Provides certain activities, including the removal of a fifth wheel, will not constitute manufacture with respect to the retail sales tax for a truck or tractor chassis.
Repeals expired provisions concerning piggy-back trailers and deep seabed mining.
Subtitle H: Administrative Provisions - Part 1: General Provisions - Repeals the authority to disclosure whether a prospective juror has been audited.
Provides an explanation of the statute of limitations with respects to the return of a taxpayer.
Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000.
Permits any Commonwealth to provide for income tax withholding for Federal employees.
Part 2: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled.
Provides that a taxpayer who seeks an award of administrative costs must apply for such costs with 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice.
Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court.
Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations.
Part 3: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration.
Title XV: Preserving, Protecting, and Strengthening Medicare - States that H.R. 2425 as passed by the U.S. House of Representatives (Medicare Preservation Act of 1995) is hereby enacted into law.
Title XVI: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends the Social Security Act (SSA) to: (1) add a new title XXI (MediGrant Program for Low-Income Individuals and Families); and (2) terminate the current Medicaid program, which the new MediGrant program shall replace. Gives such new program the stated purpose of providing block grants to States to enable them to provide medical assistance to certain eligible low-income individuals and families in a more effective, efficient, and responsive manner. Prescribes general requirements for State Medigrant plans containing certain State-developed strategic objectives and performance goals. Prohibits coverage denials on the basis of a preexisting condition.
(Sec. 1601) Outlines major program components, which include: (1) a separate fraud prevention program along with State Medigrant fraud control units; (2) a Medigrant Task Force and associated advisory group with specified duties; (3) funding set-asides for certain targeted population groups, including low-income families, low-income elderly and low-income-disabled, with specified uses for residual funds; (4) payment limitations and prohibitions with regard to abortions and euthanasia services, respectively; (5) State MediGrant fraud control units; (6) quality assurance standards for and certification of certain nursing facilities; and (7) a master manufacturer rebate program with regard to covered outpatient drugs (including extra rebates for single source drugs and innovator multiple source drugs). Places limitations on coverage of drugs by States participating in an agreement under such program.
Declares that nothing in the new title XXI shall be construed as: (1) creating an entitlement under Federal law in any individual or category of individuals for medical assistance under a MediGrant plan; or (2) making requirements for a State with respect to benefits, provider payments, geographical coverage area, or selection of providers.
Declares that no person shall have a cause of action under Federal law against a State in relation to a State's compliance (or failure to comply) with the provisions of this title or of a MediGrant plan.
Sets forth various miscellaneous provisions, including those regarding plan administration with advisory committee assistance with regard to plan development, revision, and evaluation and for the submittal and approval of plan amendments. Details premium and cost- sharing under the new program. Provides additional payment exclusions for nonemergency medical services for unlawful aliens. Requires annual plan audits under the program. Mandates State enactment of certain described laws with regard to medical child support for States with an approved MediGrant plan. Details the process for States to withdraw from the new MediGrant program. Provides sanctions for substantial noncompliance by a plan with the requirements of this title. Terminates the current Medicare program for the distribution of pediatric vaccines.
Title XVII: Abolishment of Department of Commerce - Department of Commerce Dismantling Act - Subtitle A: Abolishment of Department of Commerce - Abolishes the Department of Commerce (DOC) as of September 30, 1996, (or six months after enactment of this Act, whichever is earlier), and transfers its functions and employees to the Office of Management and Budget (OMB).
(Sec. 17103) Declares that the Director of OMB, through the Office of Programs Resolution, shall be responsible for the administration and wind-up of any outstanding affairs of the DOC.
(Sec. 17104) Establishes the Office of Programs Resolution in the OMB.
(Sec. 17109) Directs the OMB to privatize each DOC function transferred to it that is designated for privatization under subtitle B.
(Sec. 17110) Amends Federal law to require each affected agency to establish an agencywide priority placement program to facilitate employment placement for employees separated from service due to a reduction in force (RIF) resulting from this Act.
(Sec. 17111) Limits annual expenditures for any function transferred but not terminated by this Act to 75 percent of FY 1995 expenditures.
Subtitle B: Disposition of Various Programs, Functions, and Agencies of Department of Commerce - Amends the Public Works and Economic Development Act of 1965 to abolish the Economic Development Administration of the DOC and transfer its functions to the Administrator of the Small Business Administration (SBA).
(Sec. 17201) Authorizes the Administrator (currently, the Secretary of Commerce) to make direct and supplementary grants to States and other entities for public works and development facilities projects.
Authorizes the Administrator to provide special economic development and adjustment assistance through grants to help State and local areas meet special needs arising from actual or threatened severe unemployment arising from economic dislocation (including defense base closures and realignments) and economic adjustment problems resulting from severe economic conditions.
Authorizes the Administrator also to provide technical assistance, market research, and information to alleviate conditions of excessive unemployment or underemployment to areas with a substantial need. Authorizes the Administrator to make direct grants to States, cities, or other political subdivisions, or sub-State planning and development organizations to pay up to 50 percent of the cost for economic development planning.
Sets forth eligibility requirements for such assistance, including submission of an investment strategy by eligible recipients.
Authorizes the Administrator to designate economic development districts and economic development centers for economic development assistance provided certain criteria are met.
Sets forth administrative provisions.
Directs the Comptroller General to submit to the Congress a plan for consolidating Federal economic development programs.
(Sec. 17202) Terminates the Technology Administration and the Office of Technology Policy.
Renames the National Institute of Standards and Technology the National Bureau of Standards, and transfers it to the National Institute for Science and Technology (NIST) established by this Act.
Transfers all functions of the National Technical Information Service (NTIS) to the Director of Office of Management and Budget (OMB) for privatization.
(Sec. 17203) Transfers, on an interim basis, all functions of the Secretary of Commerce with respect to the Bureau of the Census to the Director of OMB. Transfers, after the interim period, the the Bureau of the Census to the Department of Labor.
(Sec. 17204) Transfers the functions of the Bureau of Economic Analysis to the Secretary of Labor, and consolidate its functions with those of the Bureau of Labor Statistics. Limits annual expenditures for any function not terminated by this section to 75 percent of FY 1995 expenditures.
(Sec. 17205) Terminates specified functions of the National Telecommunications and Information Administration (NTIA). Transfers: (1) all NTIA laboratories to the Director of OMB for privatization; and (2) all functions of NTIA concerning research and analysis of the electromagnetic spectrum to the Director of the National Bureau of Standards.
Transfers all other remaining functions of NTIA to the United States Trade Representative (USTR). Abolishes the NTIA.
(Sec. 17206) Prohibits the appropriation of funds for specified National Oceanic and Atmospheric Administration (NOAA) programs and accounts.
Transfers NOAA aeronautical mapping and charting functions to the Defense Mapping Agency. Directs such agency to terminate any functions that are performed by the private sector.
Transfers NOAA functions relating to mapping, charting, and geodesy to the Director of the U.S. Geological Survey. Requires the Director to terminate functions performed by the private sector.
Transfers all functions and assets of NOAA that were performed by the National Environmental Satellite, Data, and Information System (NESDIS) and the Office of Oceanic and Atmospheric Research (OAR) to the NIST.
Transfers all functions of the National Weather Service (NWS) to NIST.
Limits the number of NOAA commissioned officer for FY 1996. Terminates the Corps after FY 1996. Abolishes the Office of the NOAA Corps of Operations and the Commissioned Personnel Center, effective September 30, 1996.
Directs the Administrator of NIST to enter into contracts for the use of vessels to conduct oceanographic research and fisheries research, monitoring, enforcement, and management, and to acquire other data necessary to carry out NOAA missions. Directs the Administrator to transfer excess vessels to the National Defense Reserve Fleet.
Transfers to the NIST all functions of: (1) the National Marine Fisheries Service; and (2) the National Ocean Service.
Transfers coastal nonpoint pollution control functions of the Secretary of Commerce to the Administrator of the Environmental Protection Agency (EPA).
(Sec. 17207) Establishes the NIST as an independent Federal agency to be administered by an Administrator of Science and Technology. Transfers to the NIST all functions of: (1) NOAA; (2) the National Bureau of Standards; and (3) the Office of Space Commerce. Terminates specified NOAA agencies and positions. Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1995 expenditures.
(Sec. 17208) Terminates specified DOC agencies and programs, including the Minority Business Development Administration, the U.S. Travel and Tourism Administration, the Advanced Technology Program, the Manufacturing Extension Programs, and the National Institute of Standards and Technology METRIC Program. Imposes a terminal moratorium on such agency and program activities.
Subtitle C: Office of United States Trade Representative - Chapter 1: General Provisions - Sets forth specified definitions.
Chapter 2: Office of United States Trade Representative - Subchapter A: Establishment - Establishes an independent Office of the United States Trade Representative (Office) (currently part of the Executive Office of the President), to be headed by the United States Trade Representative (USTR). Declares that the Office shall be the successor to the Department of Commerce for purposes of protocol.
(Sec. 17312) Directs the USTR, in addition to current duties, to: (1) establish a national export strategy; (2) promote new opportunities for U.S. products and services to compete in the world marketplace; (3) assist small businesses in developing export markets; (4) consult and cooperate with State and local governments and other interested parties on international trade matters; (5) promote cooperation among business, labor, and Government to improve industrial performance and the ability of U.S. industries to compete in international markets; and (6) monitor and enforce foreign government compliance with international trade agreements to protect U.S. interests.
Makes the USTR a member of the National Security Council and the National Economic Council, as well as chairperson of the Trade Promotion Coordinating Council and Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies.
Subchapter B: Officers - Establishes the officers of the Office, including a Deputy Administrator, two Deputy USTRs, and a Director General for Export Promotion.
Subchapter C: Transfers to the Office - Transfers to the USTR all functions of: (1) the current USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Secretary of Commerce relating to the Export-Import Bank of the United States. Transfers all functions of: (1) the Director of the Trade and Development Agency to the Director General for Export Promotion; and (2) the Trade and Development Agency to the Office of the Director General for Export Promotion.
(Sec. 17334) Amends the Export-Import Bank Act of 1945 to revise the composition of the Board of Directors of the Export-Import Bank of the United States, including making the USTR Chairman of the Board.
Directs the United States and Foreign Commercial Service to provide such services as the Director General for Export Promotion determines necessary to assist the Bank in its lending, loan guarantee, and insurance activities.
(Sec. 17335) Amends the Foreign Assistance Act of 1961 to revise the composition of the Board of Directors of the Overseas Private Investment Corporation, including making the USTR Chairman of the Board.
(Sec. 17336) Directs the President to transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and export financing activities and transfer them to the Office.
(Sec. 17337) Amends the North American Free Trade Agreement Implementation Act to terminate at the end of FY 1995 the authorization of appropriations for: (1) the United States Section of the North American Free Trade Agreement (NAFTA) Secretariat; and (2) the U.S. contribution to the Border Environment Cooperation Commission.
Transfers functions of the Committee for the Implementation of Textile Agreements (CITA) to: (1) the USTR; and (2) the International Trade Commission (ITC) (as they relate to the assessment of the impact of textile imports on domestic industry).
Abolishes the CITA.
Subchapter D: Administrative Provisions - Sets forth administrative provisions, including establishment of a working capital fund.
Subchapter E: Related Agencies - Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate.
(Sec. 17362) Amends the National Security Act of 1947 to include the USTR in the National Security Council.
(Sec. 17363) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund.
Subchapter F: Conforming Amendments - Makes conforming amendments to the Trade Act of 1974.
(Sec. 17371) Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel.
Subchapter G: Miscellaneous - Sets forth effective dates.
(Sec. 17382) Provides for interim appointments and personnel as well as funding reductions.
Subtitle D: Patent and Trademark Office Corporation - Patent and Trademark Office Corporation Act of 1995 - Chapter 1: Patent and Trademark Office - Establishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the district in which its principal office is located. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions, subject to provisions of the Omnibus Budget Reconciliation Act of 1990.
(Sec. 17413) Vests management of the Office in the Commissioner of Patents and Trademarks, who shall be appointed by the President for a five-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General.
Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, with specified exceptions. Sets forth provisions regarding retirement, health benefits, life insurance, the Employees' Compensation Fund, and a requirement that the Office offer a specified minimum number of life and health insurance policies.
Directs the Office to: (1) develop labor relations and employee relations programs with the objective of improving productivity and efficiency, based on specified guidelines; and (2) adopt all labor agreements which are in effect as of the day before the effective date of this Act, with respect to such Office.
Sets forth provisions regarding personnel, accumulated leave, termination rights, continuation in office of certain officers, competitive status, and savings provisions.
(Sec. 17414) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner.
(Sec. 17415) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce.
(Sec. 17416) Amends the Trademark Act of 1946 to revise the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members.
(Sec. 17417) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this subtitle.
Chapter 2: Effective Date; Technical Amendments - Makes this subtitle effective six months after its enactment.
(Sec. 17432) Makes technical and conforming amendments.
Subtitle E: Miscellaneous Provisions - Sets forth administrative provisions.
Title XVIII: Welfare Reform - Provides that H.R. 4 (Personal Responsibility Act of 1995) as passed by the U.S. House of Representatives is enacted with certain technical amendments deeming State plan submissions under new SSA title IV part A (Block Grants for Temporary Assistance for Needy Families) to be acceptance of certain grant limitations.
(Sec. 18001) Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1996 through 2002.
Makes certain technical amendments to the Child Nutrition Act of 1966 pertaining to a limitation on State obligation allotments for FY 1996 through 2000, with similar technical changes under the National School Lunch Act.
Title XIX: Contract With America-Tax Relief - Enacts Title VI (Contract With America Tax Relief Act of 1995) of H.R. 1215 (Tax Fairness and Deficit Reduction Act of 1995) of the 104th Congress as passed by the House of Representatives with modifications, including: (1) striking subtitle E (Social Security Earnings Test); (2) striking part III (Alternative Minimum Tax Relief) of subtitle C (Job Creation and Wage Enhancement); and (3) striking the redesignated subtitle F (Tax Reduction Contingent on Deficit Reduction) and inserting in its place a revised subtitle F (with the same name). Provides, under such revised subtitle F, for the: (1) definition of the term net modified chapter 1 liability and provides for the determination of such amount; (2) lowering of the 50 percent capital gains deduction for taxpayers other than corporation to 34.5 percent and of the 31.9 percent alternative capital gains tax for corporations to 25 percent; and (3) revision of provisions affecting the American Dream Savings Account, the alternative minimum tax, and the estate and gift tax.
Title XX: Budget Enforcement - Seven-Year Balanced Budget Enforcement Act of 1995 - Amends the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for the enforcement of deficit reduction by extending and reducing the discretionary spending limits and permanently extending the pay-as-you-go requirements. Prohibits Medicare savings from being used to account for tax reductions. Sets forth special rules applicable to Department of Defense sequestration. Provides for the treatment of direct student loans.