S.1357 - Balanced Budget Reconciliation Act of 1995104th Congress (1995-1996)
|Sponsor:||Sen. Domenici, Pete V. [R-NM] (Introduced 10/23/1995)|
|Committees:||Senate - Budget|
|Latest Action:||Senate - 10/28/1995 Returned to the Calendar. Calendar No. 216. (consideration: CR 10/27/95 S16096) (All Actions)|
|Roll Call Votes:||There have been 56 roll call votes|
This bill has the status Resolving Differences
Here are the steps for Status of Legislation:
- Resolving Differences
Summary: S.1357 — 104th Congress (1995-1996)All Information (Except Text)
Introduced in Senate (10/23/1995)
TABLE OF CONTENTS:
Title I: Committee on Agriculture, Nutrition, and Forestry
Subtitle A: Commodity Programs
Subtitle B: Conservation
Subtitle C: Agricultural Promotion and Export Programs
Subtitle D: Nutrition Assistance
Title II: Committee on Armed Services
Title III: Committee on Banking, Housing, and Urban Affairs
Title IV: Committee on Commerce, Science, and Transportation
Subtitle A: Communications
Subtitle B: Oceans and Fisheries
Subtitle C: Rail Infrastructure
Title V: Committee on Energy and Natural Resources
Subtitle A: United States Enrichment Corporation
Subtitle B: Department of the Interior Conveyances
Subtitle C: Arctic Coastal Plain Leasing and Revenue
Subtitle D: Park Entrance Fees
Subtitle E: Water Projects
Subtitle F: Federal Oil and Gas Royalties
Subtitle G: Department of Energy
Subtitle H: Mining
Subtitle I: Department of the Interior
Subtitle J: Power Marketing Administrations
Subtitle K: Radio and Television Communication Site
Subtitle L: Amendments to Outer Continental Shelf Lands
Title VI: Committee on Environment and Public Works
Title VII: Committee on Finance-Spending Control Provisions
Subtitle A: Medicare
Subtitle B: Transformation of the Medicaid Program
Subtitle C: Block Grants for Temporary Assistance for
Subtitle D: Supplemental Security Income
Subtitle E: Child Support
Subtitle F: Noncitizens
Subtitle G: Additional Provisions Relating to Welfare
Subtitle H: Reform of the Earned Income Tax Credit
Subtitle I: Increase in Public Debt Limit
Subtitle J: Correction of Cost of Living Adjustments
Title VIII: Committee on Governmental Affairs
Title IX: Committee on the Judiciary
Title X: Committee on Labor and Human Resources
Title XI: Committee on Veterans' Affairs
Subtitle A: Extension of Certain Authorities
Subtitle B: Cost-of-Living Adjustments in Compensation
Subtitle C: Educational Benefits
Subtitle D: Miscellaneous
Title XII: Committee on Finance-Revenue Provisions
Subtitle A: Family Tax Relief
Subtitle B: Savings and Investment Incentives
Subtitle C: Health Related Provisions
Subtitle D: Estate Tax Reform
Subtitle E: Extension of Expiring Provisions
Subtitle F: Taxpayer Bill of Rights 2 Provisions
Subtitle G: Casualty and Involuntary Conversion
Subtitle H: Exempt Organizations and Charitable Reforms
Subtitle I: Tax Reform and Other Provisions
Subtitle J: Pension simplification
Balanced Budget Reconciliation Act of 1995 - Title I: Committee on Agriculture, Nutrition, and Forestry - Agricultural Reconciliation Act of 1995 - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to rename title III, "Annual Programs for 1996 Through 2002 Crops". States that: (1) in order to be eligible for one or more of the programs under the title, land on a farm must have been enrolled in one or more of the annual programs under the Act for rice, upland cotton, feed grains, or wheat for a total of at least three of the 1991 through 1995 crop years; (2) for the purpose of determining eligibility of land for enrollment in one or more of the annual programs, acreage shall include acreage on a farm considered planted under Act provisions used to determine crop acreage bases; and (3) enrollment in the annual program for a program crop shall be required as a condition of the receipt of any payment or loan under title III for the program crop.
(Sec. 1102) Establishes loan and payment levels through 2002 for crops of rice, upland cotton, feed grains, and wheat.
(Sec. 1106) Establishes the price support for milk through December 31, 2002.
Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal the milk manufacturing marketing adjustment provisions.
(Sec. 1107) Extends loans and payments for oilseeds through the 2002 marketing year.
(Sec. 1108) Extends the sugar price support through 2002 crops.
(Sec. 1109) Directs the Secretary of Agriculture to provide for the establishment and maintenance of an historical soybean acreage for each farm. Permits peas and lentils to be planted for harvest on the payment acres of a crop acreage base. Revises acreage considered planted provisions. Terminates eligibility for loans when any crop or conserving crop is planted on the acres of a crop acreage base that is ineligible for payments, with a special provision concerning upland cotton or rice. Sets forth limitations on acreage and payments.
Extends: (1) farm program payment yields based on the 1990 crop year to 2002; and (2) additional yield payments through 2002 crop years.
Repeals provisions relating to: (1) no crop or yield available; (2) national, State, or county yields; and (3) balancing yields.
Extends current law provisions with respect to the acreage base and yield system through 2002 program crops.
(Sec. 1110) Amends the Food Security Act of 1985 to extend related price support provisions.
(Sec. 1111) Repeals specified provisions of the Agricultural Adjustment Act of 1938 concerning farm marketing quotas, the national marketing quota for peanuts, and legislative findings.
Directs the Secretary of Agriculture to terminate the tree assistance program.
(Sec. 1112) States that the monthly Commodity Credit Corporation (CCC) interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995.
(Sec. 1113) Extends through 2000 crops, with respect to peanuts the: (1) price support program; and (2) sale, lease, or transfer of the farm poundage quota.
(Sec. 1114) Limits specified current catastrophic crop insurance requirements to 1995 and 1996 crops.
(Sec. 1115) Directs the Director of the Congressional Budget Office to report concerning direct savings obtained from programs under this subtitle and subtitles B and C.
(Sec. 1116) Expresses the sense of the Senate that tax incentives to promote ethanol and its derivative ETBE should not be diminished.
Subtitle B: Conservation - Amends the Food Security Act of 1985 to provide mandatory FY 1996 through 2002 funding through the CCC for the conservation reserve and wetlands programs, and the livestock environmental assistance program.
Establishes the environmental quality incentives program to provide FY 1996 through 2002 technical assistance and cost-sharing and incentive payments to crop and livestock producers who enter into land management and structural contracts to protect water, soil, and related resources from livestock-related degradation. (Makes waste management facility construction ineligible for cost-sharing payments.) Replaces wetlands reserve program permanent easement authority with 20 or 30-year easement authority.
Limits conservation reserve program total acreage enrollment to 36,400,000 acres during the 1986 through 2002 calendar years and prohibits total spending for such reserve to exceed specified mandatory spending limitations.
Subtitle C: Agricultural Promotion and Export Programs - Amends the Agricultural Trade Act of 1978 to: (1) authorize specified FY 1996 through 2002 appropriations for the market promotion program; and (2) authorize specified FY 1996 through 2002 funding from the CCC for the export enhancement program.
Subtitle D: Nutrition Assistance - Chapter 1 - Food Stamp Program -
Amends the Food Stamp Act of 1977 to authorize States to establish additional criteria for separate household determinations.
(Sec. 1403) Revises thrifty food plan adjustment requirements.
(Sec. 1404) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence.
(Sec. 1405) Allows for State options in regulations for the uniform national standards of eligibility.
(Sec. 1406) Revises household income exclusion provisions regarding Federal energy assistance.
(Sec. 1407) Revises household income deduction provisions regarding: (1) standard deduction and (2) homeless shelter assistance.
(Sec. 1408) Eliminates specified excludable auto value increases.
(Sec. 1409) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. Provides a limitation on the measurement of attributed income and resources of a sponsor or a sponsor's spouse. Revises eligibility requirements for certain aliens.
(Sec. 1410) Revises work requirement and employment and training provisions.
(Sec. 1411) Limits employment and training funding to FY 1995 amounts and extends funding authorizations.
(Sec. 1412) Allows States the option of considering either all of the income and financial resources of an alien rendered ineligible to participate in the food stamp program in calculating income.
(Sec. 1413) Authorizes comparable program disqualification based upon welfare or public assistance disqualification.
(Sec. 1414) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears.
(Sec. 1416) Disqualifies permanently an individual who participates in the program in two or more States.
(Sec. 1417) Defines "work program."
(Sec. 1420) Eliminates annual minimum allotment adjustments.
(Sec. 1422) Authorizes program reductions for failure to comply with a public assistance reduction requirement.
(Sec. 1423) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center.
(Sec. 1424) Directs program over-issuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery.
(Sec. 1425) Terminates Federal matching requirements for program informational activities.
(Sec. 1426) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions.
(Sec. 1427) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions.
(Sec. 1428) Authorizes appropriations for program operations
(Sec. 1429) Directs the Secretary to establish a program to make grants to States, as specified, to provide: (1) food assistance to needy individuals and families residing in the State; and (2) at the option of the State, wage subsidies and payments in return for work for needy individuals under the program.
Chapter 2: Child Nutrition Programs - Part I: Reimbursement Rates - Amends the National School Lunch Act to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches.
(Sec. 1442) Revises annual adjustment provisions for lunches, breakfasts, and supplements.
Part II: Grant Programs - Amends the Child Nutrition Act of 1966 to: (1) terminate school breakfast startup grants.
Part III: Other Amendments - Amends the National School Lunch Act to revise provisions regarding day care home reimbursements. Obligates funds for family or group day care homes assistance.
Chapter 3 - Additional Savings - Revises household income exclusion provisions regarding students.
(Sec. 1472) Revises the standard deduction with respect to computing household income.
(Sec. 1473) Allows housing assistance payments made to a vendor on behalf of a household residing in transitional housing for the homeless to be considered as payable directly to the household for the purposes of computing household income.
(Sec. 1474) Extends current claims retention rates with respect to administrative cost-sharing and quality control, from FY 1995 to FY 2002.
(Sec. 1475) Authorizes appropriations for Puerto Rico block grants.
(Sec. 1476) Revises annual adjustment provisions for the value of food assistance.
(Sec. 1477) Amends the National School Lunch Act to decrease the minimum amount of commodity assistance from 12 to ten percent.
(Sec. 1478) Revises service institution payment provisions for the summer food service program for children.
(Sec. 1479) Amends the Child Nutrition Act of 1966 to revise annual adjustment provisions for the special milk program.
(Sec. 1480) Amends the Child Nutrition Act of 1966 to reduce annual authorizations of appropriations for nutrition education and training programs.
Chapter 4 - Effective Date - Sets forth an effective date.
Title II: Committee on Armed Services - Directs the Secretary of Energy to sell all U.S. rights and interests to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within five months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit after following the recommendations of an independent petroleum engineer or using other appropriate methods. Provides time limits and administrative procedures for such sale, including a requirement that the Secretary retain an investment banker to independently administer the sale of Elk Hills under specified time limitations. Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. Requires the continued full production of the Elk Hills unit until completion of the sale. Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the defense committees. Prohibits the Secretary from entering into a sales contract if only one offer is received, unless: (1) the Secretary notifies the Congress about the offer; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Requires the Comptroller General to monitor the Secretary's actions with regard to the sale and to submit an oversight report to the defense committees. Authorizes the Secretary to enter into contracts for the acquisition of necessary services in connection with such sale.
Directs the Secretary to sell all U.S. rights and interests to lands inside the naval petroleum reserves other than the Elk Hills unit. Provides administrative requirements for such sale identical to those pertaining to the Elk Hills unit, including congressional notification and the passage of a joint resolution.
(Sec. 2002) Directs the President to sell such quantities of specified materials currently contained in the National Defense Stockpile as are necessary to achieve $649 million in total proceeds by the end of FY 2002.
Title III: Committee on Banking, Housing, and Urban Affairs - Instructs the Board of Directors (the Board) of the Federal Deposit Insurance Corporation (FDIC) to impose a special assessment on the Savings Association Insurance Fund (SAIF)-assessable deposits of each insured depository institution at a rate determined by the Board to cause the SAIF to achieve a designated reserve ratio. Mandates deposit of such special assessment into the SAIF. Grants the Board discretion to exempt certain weak insured depository institutions from paying such special assessment to reduce risk to the SAIF. Requires such institutions to pay semiannual assessments into the SAIF and the Deposit Insurance Fund (created by this Act) based on SAIF-assessable deposits of those institutions.
(Sec. 3001) Amends the Federal Home Loan Bank Act to reflect the changes made by this Act.
Amends the Federal Deposit Insurance Act to prescribe guidelines under which the Board of Directors may provide an assessment credit with respect to Bank Insurance Fund (BIF) assessments if the FDIC determines that the reserve ratio of the BIF is expected to exceed the designated reserve ratio during the succeeding semiannual period.
Declares that assessment rates for SAIF members shall not be lower than for BIF members of comparable risk until the first full semiannual period following the last maturity date of all obligations issued by the Financing Corporation.
Merges the BIF and the SAIF (including their respective assets and liabilities) into the Deposit Insurance Fund (DIF). Places any SAIF reserve ratio which exceeds the designated reserve ratio into the DIF Special Reserve. Mandates that all amounts assessed against insured depository institutions by the FDIC be deposited into the DIF.
Establishes a Special Reserve of the DIF from which the FDIC is authorized to transfer amounts to the DIF if the DIF reserve ratio is under 50 percent of the designated reserve ratio, according to prescribed emergency guidelines. Excludes the Special Reserve from any calculation of the DIF reserve ratio.
(Sec. 3002) Instructs the Secretary of the Treasury to study and report to the Congress on the feasibility of converting the FDIC into a self-funded deposit insurance system.
(Sec. 3003) Amends the United States Housing Act of 1937 to: (1) direct the Secretary of Housing and Urban Development to modify rent adjustments using an operating costs factor that increases the rent to reflect increases in operating costs in the market area; and (2) specify restraints upon Section 8 rent increases for stayers in the certificate program.
Title IV: Committee on Commerce, Science, and Transportation - Subtitle A: Communications - Amends the Communications Act of 1934 (the Act) to provide that unless the Federal Communications Commission (FCC) submits to the Congress within 180 days and the Congress takes action to approve a proposal to use authority for the assignment of initial licenses or construction permits for use of the electromagnetic spectrum allocated but not assigned for television (TV) broadcast services as of the date of enactment of this Act, certain competitive bidding requirements of the Act shall not apply to licenses or construction permits issued by the FCC: (1) that are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital TV services assigned by the FCC to existing terrestrial broadcast licensees to replace their existing TV licenses. Prohibits the FCC, except as so provided, from assigning initial licenses or construction permits under this title to terrestrial commercial TV broadcast licensees to replace their existing broadcast licenses before January 1, 1998. Extends through FY 2002 FCC authority to grant such licenses or permits.
Directs the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been assigned or designated by FCC regulation for assignment, identified by the Secretary of Commerce as reallocable frequencies pursuant to the National Telecommunications and Information Administration Organization Act (NTIAO), or reserved for Federal Government use pursuant to the Act. Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2000.
Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication, the needs of public safety radio services, and the costs to satellite service providers that could result from multiple auctions of like spectrum internationally for global satellite systems; and (3) comply with the requirements of international agreements concerning spectrum allocations.
Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and allocated for Government use but that could be reallocated pursuant to the NTIAO Act.
Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to the Omnibus Budget Reconciliation Act of 1995, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice.
Authorizes any Federal entity which operates a Government station, in order to expedite the efficient use of the electromagnetic spectrum, to accept payment in advance, in-kind reimbursement of costs, or both to defray entirely the expenses of reallocating the Federal entity's operations from one radio spectrum frequency to another.
Sets forth provisions regarding: (1) the process for relocation; (2) the right to reclaim the station under specified circumstances; (3) Federal action to expedite the spectrum transfer; and (4) identification and reallocation of auctionable frequencies, including allocation and assignment of frequencies identified in the second reallocation report.
(Sec. 4002) Modifies the Schedule of Regulatory Fees to be paid annually for specified VHF and UHF commercial markets.
Subtitle B: Oceans and Fisheries - Amends the Omnibus Budget Reconciliation Act of 1990 to prohibit the Secretary from establishing certain inspection or examination fees or charges: (1) of more than $300 annually for passenger vessels under 65 feet in length or more than $600 annually for such vessels 65 feet in length and greater; and (2) for any publicly-owned ferry.
(Sec. 4022) Revises the Oil Pollution Act of 1990 to provide that the amount of funding to be made available annually to carry out provisions regarding the Prince William Sound Oil Spill Recovery Institute shall be the interest produced by the Oil Spill Liability Trust Fund's investment of the $22,500,000 remaining funding authorized for the Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund.
Specifies that, beginning with the eleventh year following the date of enactment of the Coast Guard Authorization Act of 1995, the funding authorized for the Institute and deposited in the Fund shall thereafter be made available for specified authorized purposes in Alaska.
Subtitle C: Rail Infrastructure - Directs the Secretary of Transportation to issue to the Secretary of the Treasury notes or other obligations pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976 (for railroad rehabilitation and improvement financing) in such amounts and at such times as necessary to pay any sums required pursuant to the guarantee of the principal amount of obligations as long as any such guaranteed obligation is outstanding.
Prohibits the Secretary of Transportation from making certain loan guarantee commitments in excess of $100 million during each of FYs 1996-2002. Makes available $10 million for loan guarantee commitments made during each of those fiscal years.
(Sec. 4032) Authorizes funding for local rail freight assistance through FY 1997.
(Sec. 4033) Authorizes the Secretary of Transportation to declare that a disaster has occurred and that it is necessary to repair and rebuild rail lines damaged as a result of such disaster, in which case the Secretary may: (1) waive specified requirements; (2) consider the extent to which the State has available unexpended local rail freight assistance funds or available repaid loans; and (3) prescribe the form and time for applications for assistance. Prohibits the Secretary from providing such assistance unless emergency disaster relief funds are appropriated for that purpose.
(Sec. 4034) Allows financial assistance for State local rail freight assistance projects to be used for the cost of: (1) closing or improving a railroad grade crossing or a series of crossings; and (2) creating a State supervised grain car pool.
Title V: Committee on Energy and Natural Resources - Subtitle A: United States Enrichment Corporation - USEC Privatization Act - Directs the Board of Directors of the United States Enrichment Corporation (USEC) to transfer USEC ownership to a private corporation established under this Act. Mandates the inclusion of sale proceeds in the budget baseline required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and its inclusion as an offset to direct spending.
(Sec. 5005) Requires USEC directors to establish a private not- for-profit and non-Government-related corporation under the laws of a State for the purpose of receiving the assets and obligations of USEC at privatization and continuing USEC business operations following privatization.
(Sec. 5007) Directs USEC to transfer the lease of gaseous diffusion plants and related property at Paducah, Kentucky, and Piketon, Ohio, to the private corporation concurrent with such privatization. Prohibits the Secretary of Energy from leasing to the private corporation facilities necessary for the production of highly enriched uranium.
(Sec. 5008) Prescribes procedural guidelines for: (1) transfer of contracts to the private corporation, including the right to purchase power from the Secretary under previous power purchase contracts for the gaseous diffusion plants; (2) assignment of USEC liabilities; (3) pension, post-retirement health benefit, and collective bargaining agreement protections for contractor employees at the two gaseous diffusion plants; and (4) retention of Federal retirement and health benefits by former Federal employees.
(Sec. 5011) Prohibits USEC directors, officers, or employees from acquiring any securities (or rights to acquire any securities) of the private corporation on terms more favorable than those offered to the general public in specified circumstances.
(Sec. 5012) Requires the U.S. Executive Agent under the Russian HEU Agreement to transfer to the Secretary without charge title to an amount of uranium hexafluoride (based on a tails assay of 0.30 U235) equivalent to the natural uranium component of low-enriched uranium derived from at least 18 metric tons of highly enriched uranium purchased from the Russian Executive Agent under such Agreement. Deems such uranium hexafluoride to be of Russian origin. Requires the Secretary to sell, and receive payment for, the transferred uranium hexafluoride for: (1) overfeeding in the operations of enrichment facilities in the United States; (2) end use outside the United States; or (3) consumption by end users in the United States after January 1, 2002, according to a specified schedule beginning in 1998. Requires the U.S. Executive Agent, upon request of the Russian Executive Agent, to deliver concurrently to such Agent, an amount of uranium hexafluoride equivalent to the natural uranium component of such low-enriched uranium.
Provides for auction of such uranium hexafluoride, or U3O8 (in the event that the conversion component of such hexafluoride has previously been sold), if the Russian Executive Agent does not exercise its right to agree to take delivery of the natural uranium component of any low-enriched uranium within 90 days after delivery of such low-enriched uranium to the U.S. Executive Agent.
Grants the Secretary of Commerce responsibility for administration and enforcement of the limitations set forth in this section.
Requires the Secretary of Energy to transfer to USEC without charge up to 50 metric tons of enriched uranium and up to 7,000 metric tons of natural uranium from the Department of Energy (DOE) stockpile. Prohibits USEC from delivering for commercial end use in the United States: (1) any of such uranium before January 1, 1998; (2) more than ten percent of such uranium or more than 4 million pounds, whichever is less, in any calendar year after 1997; or (3) more than 800,000 separative work units contained in low-enriched uranium transferred in any calendar year.
Authorizes the Secretary to sell, from time to time, natural and low-enriched uranium from the DOE stockpile, subject to specified conditions. Permits DOE transfer or sale of enriched uranium to: (1) Federal agencies; (2) any person for national security purposes; or (3) any State or local agency or non-profit, charitable, or educational institution for use other than the commercial generation of electricity.
(Sec. 5013) Prescribes guidelines under which the Secretary shall accept low-level radioactive waste (including depleted uranium if ultimately determined to be such waste) for disposal at the request and expense (by reimbursement) of the generator.
(Sec. 5014) Grants USEC exclusive commercial rights to deploy and use any federally owned or controlled Atomic Vapor Laser Isotope Separation (AVLIS) patents, processes and technical information, upon completion of a royalty agreement with the Secretary.
Instructs the President to transfer related AVLIS property (except those related to the gaseous diffusion, gas centrifuge, and uranium enrichment programs) to USEC upon its request.
(Sec. 5015) Grants the Corporation exclusive commercial rights for both uranium enrichment and non-uranium enrichment uses of patents, patent applications, trade secrets, and other technical information related to federally owned or controlled gaseous diffusion technology. Provides for payment of royalties by USEC to the Department of Energy for such uses.
(Sec. 5017) Amends the Atomic Energy Act of 1954 to: (1) repeal the mandate and authority of USEC as of the privatization date; and (2) exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using AVLIS technology, and make such a facility eligible for one-step licensing.
Prohibits issuance of any license or certificate of compliance to USEC or its successor if its issuance would, in the opinion of the Nuclear Regulatory Commission (NRC), be inimical to: (1) the common defense and security of the United States: or (2) maintenance of a reliable and economical domestic source of enrichment services because of the nature and extent of USEC ownership, control or domination by a foreign corporation or government or any other relevant factors or circumstances.
Provides for periodic application of USEC for NRC certification at least once every five years (instead of annually). Revises the purview of judicial review of NRC actions to include: (1) any final order establishing standards to govern DOE gaseous diffusion uranium enrichment facilities, including facilities leased to a corporation established under this Act; and (2) any final determination relating to whether such facilities comply with such standards.
Provides for civil money penalties for violations of licensing or certification requirements.
Subtitle B: Department of the Interior Conveyances - Part I: California Land Directed Sale - Conveys all Federal right, title and interest in the San Bernardino Meridian, California, to the Department of Health Services of the State of California. Mandates deposit of sale proceeds in the Treasury as miscellaneous receipts. Provides for reversion of such lands to the United States if the property is not used as a low-level radioactive waste disposal facility before October 1, 2010.
Part II: Helium Reserves - Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store, transport, and sell crude helium; and (4) maintain and operate existing crude helium storage facilities at the Bureau of Mines Cliffside Field.
(Sec. 5112) Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities.
Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services.
Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury.
(Sec. 5114) Instructs the Secretary to eliminate helium stockpiles by a certain deadline. Repeals the Secretary's authority to borrow under the Helium Act.
Subtitle C: Arctic Coastal Plain Leasing and Revenue Act - Arctic Coastal Plain Leasing and Revenue Act of 1995 - Instructs the Secretary of the Interior to implement a competitive leasing program for oil and gas exploration, development and production within the coastal plain of the Arctic National Wildlife Refuge. States that no further findings or decisions shall be required to implement this directive (thereby avoiding statutorily-mandated environmental determinations).
(Sec. 5204) Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal its proscription against oil and gas production, leases, or development in the Arctic National Wildlife Refuge. Declares this subtitle the sole authority for coastal plain leasing. Considers such coastal plain "Federal land" for purposes of the Federal Oil and Gas Royalty Management Act of 1982.
(Sec. 5205) Confers responsibility upon the Secretary for the promulgation of rules and regulations relating to this subtitle within 18 months of enactment.
(Sec. 5206) Declares that the Congress finds that the 1987 legislative environmental impact statement prepared by the Department of the Interior adequately satisfies the requirements of the National Environmental Policy Act of 1969 concerning authorized actions by the Secretary to promulgate regulations for the establishment of a leasing program and first lease sale.
(Sec. 5207) Prescribes procedural guidelines for lease sales on the coastal plain to any person qualified to obtain an oil or gas lease under the Mineral Leasing Act.
(Sec. 5208) Authorizes the Secretary to grant to the highest responsible qualified bidder by sealed competitive cash bonus bid any lands to be leased on the coastal plain upon payment by the lessee of whatever bonus the Secretary accepts, and of a minimum royalty of 12.5 percent in amount or value of lease production.
Requires the Secretary, after each notice of a proposed lease sale but before acceptance of bids and issuance of leases based on them, to allow the Attorney General 30 days to perform an antitrust review of the results of each lease sale on the likely effects the issuance of such leases would have on competition.
Requires the Secretary's approval for subsequent lease transfers. Sets forth lease terms and conditions, including bonding requirements and mandatory access by the Secretary to all lease data and information.
(Sec. 5212) Mandates a ninety-day timetable for expedited judicial review of actions challenged under this Act.
(Sec. 5213) Instructs the Secretary to issue regulations granting rights-of-way and easements for oil and gas transportation across the coastal plain in accordance with the Mineral Leasing Act of 1920. Provides for periodic on-site inspections of coastal plain facilities that are subject to environmental or safety regulations.
(Sec. 5215) Mandates distribution of Federal revenues to the State of Alaska in the amount of 50 percent of: (1) all revenues from coastal plain oil and gas leases; and (2) bonus bid revenues which exceed a certain amount from oil and gas leases.
Subtitle D: Park Entrance Fees - Revises provisions of the Land and Water Conservation Fund Act of 1965 to increase the fee for: (1) the Golden Eagle Passport (the annual admission permit for designated units of the National Park System (NPS) or National Conservation Areas and other specified areas) to $50; (2) annual admission into a specific designated NPS unit, or into several specific units located in a particular geographic area, to $25; and (3) a single-visit permit at any designated area to not more than $6 per person (requires the fee to be collected on a per person basis, including persons entering by private, noncommercial vehicle).
Makes receipts from non-Federal Golden Eagle Passport sales available for specified resource protection, rehabilitation, and conservation projects.
Specifies that a lifetime admission permit for a U.S. citizen or person domiciled in the United States who is age 62 or older (Golden Age Passport) shall entitle the permittee (currently, the permittee and specified individuals accompanying him) to free admission into any area designated.
Prohibits fees of any kind from being collected from persons who have a right of access for hunting or fishing privileges under a specific provision of a law or treaty or who are engaged in the conduct of official Federal, State, or local government business.
Directs the Secretaries of the Interior and of Agriculture to establish procedures providing for the issuance of a lifetime admission permit to specified individuals who are permanently disabled. Limits the number of accompanying individuals to one, notwithstanding the method of travel.
Directs the Secretary of the Interior to: (1) submit to specified congressional committees a report on the admission fees proposed to be charged at specific NPS units; and (2) identify areas where such fees are authorized but not collected and the reasons why such fees are not collected.
Allows: (1) a charge for the use of a campground not having a majority of specified features and personal collection of the fee by an employee or agent of the Federal agency operating the facility; and (2) any National Park permit (currently, Golden Age Passport) holder to utilize special recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities. Permits persons violating National Park rules or regulations to be fined any amount as provided by law.
Requires: (1) the amount authorized to be retained by the Secretaries for fee collection costs to equal the collection costs of the immediately previous fiscal year (instead of the current fiscal year); (2) the use of amounts covered into the existing special account for the National Park Service generated from the collection of fees for park operations only; and (3) the Secretary to establish reasonable fees for the fair market value of uses of NPS units that require special arrangements, including permits, with any amount exceeding the cost of providing necessary services to be deposited in the Park Renewal Fund to be established under this Part.
(Sec. 5301) Authorizes the Secretary to negotiate and enter into challenge cost-share agreements with any State or local government, public or private agency, corporation, individual, or other entity for the purpose of sharing costs or services in carrying out any authorized functions and responsibilities of the Secretary with respect to any NPS unit, affiliated area, or designated National Scenic or Historic Trail.
(Sec. 5302) Amends the National Park System Visitor Facilities Fund Act to redefine or define: (1) "park system resource" to mean any living or non-living resource that is located within the boundaries of a NPS unit, except for resources owned by a non-Federal entity; and (2) "marine or aquatic park system resource" to mean any living or non-living resource that is located within or is a living part of a marine or aquatic regimen within such boundaries, except for such resources.
Makes any instrumentality that destroys, causes the loss of, or injures any marine or aquatic park (currently, park) system resource liable in rem to the United States for response costs and resulting damages to the same extent as a person is liable for such destruction, loss, or injury.
(Sec. 5304) Requires 80 percent of all revenues received from admission, recreation use, commercial tour use, and commercial non- recreational use fees collected by NPS units in excess of a specified amount for FY 1996 through 2002 to be deposited into the Fund.
(Sec. 5305) Requires: (1) receipts in the Fund from the previous fiscal year to be available to the Secretary without further appropriation beginning in FY 1997; (2) 75 percent of such receipts to be allocated among NPS units in the same proportion as admission, recreation use, commercial tour use, and commercial non-recreational use fees collected from a specific unit bear to the total amount of such fees collected from all NPS units for each fiscal year; and (3) 25 percent to be allocated among NPS units on the basis of need, as determined by the Secretary. Limits the use of expenditures from the Fund solely to infrastructure and operational needs. Requires the Secretary, by January 1 of each year, to provide to specified congressional committees a list of past and proposed expenditures from the Fund for each unit.
Subtitle E: Water Projects - Amends the Reclamation Reform Act of 1982 to authorize a person or district holding a water delivery contract with the United States to prepay the construction costs associated with such water delivery, either through accelerated or lump sum payments.
(Sec. 5410) Increases the annual payment required of the city and county of San Francisco, California, for the Hetch Hetchy Dam project by an amount determined under a formula used by the Federal Energy Regulatory Commission for hydroelectric power projects under the Federal Power Act. Requires the highest priority use of such funds to be for the annual operation of Yosemite National Park, with the remainder for other California national parks.
(Sec. 5420) Collbran Project Unit Conveyance Act - Directs the Secretary of the Interior to convey to the Ute Water Conservancy District and the Collbran Conservancy District all rights and interests of the United States in and to the Collbran Reclamation Project. Provides for: (1) payment to the United States by the Districts; (2) the deposit and authorized uses of such payments; (3) Project operation and use by the Districts for 40 years; (4) a required annual plan from the Districts for such operation during such period; and (5) conveyance subject to specified agreements between the United States and Colorado relating to the construction and operation of recreational facilities at Vega Reservoir, a Project area.
Requires the Project's power component and facilities to be operated in substantial conformity with its past operation. Provides for Project power marketing under existing agreements. Requires the Districts, after the expiration of such agreements, to provide all Project power produced to the Western Area Power Administration at a specified rate. Grants a 40-year license to the Districts for Project operation.
Makes the "major Federal action" provisions of the National Environmental Policy Act of 1969 inapplicable to such conveyance. Terminates certain previous agreements upon such conveyance.
Makes the Districts liable for all acts or omissions relating to the operation and use of the Project subsequent to the conveyance.
Subtitle F: Federal Oil and Gas Royalties - Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to place primary liability for lease obligations upon either the person to whom the United States issues a lease, or the current owner of operating rights, but not both. Permits a lessee to designate a person to act on the lessee's behalf, subject to written notification of the Secretary of the Interior (the Secretary for this subtitle).
(Sec. 5502) Bars a judicial proceeding relating to an obligation that is not commenced within six years from the date on which the obligation falls due. Prescribes procedural guidelines for: (1) tolling of the period of limitations; (2) adjustments and refund; and (3) recordkeeping requirements.
(Sec. 5505) Authorizes the Secretary to waive royalty interest. Requires the Secretary to pay or credit interest on overpayments of royalties, except on overpayments made solely to accrue such interest. Provides for payments of estimated royalties. Prescribes a general procedure for the volume allocation of oil and gas production.
(Sec. 5506) Amends FOGRMA to proscribe assessments for late payment or underpayment. Restricts assessments to erroneous reports solely (but permits the imposition of penalties or interest for late payments or underpayment under other sections of such Act).
(Sec. 5507) Prescribes guidelines under which a lessee may make prepayments in lieu of royalty payments for a marginal property which is not cost-effective for the Secretary to administer. Instructs the Secretary to provide accounting, reporting, and auditing relief that will encourage lessees to continue to produce and develop such properties.
(Sec. 5509) Amends the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements.
Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public for no more than its regulated price, or, if no regulated price applies, not less than fair market value).
(Sec. 5510) Amends FOGRMA to instruct the Secretary to streamline and simplify current royalty management requirements, including reporting, instruction, audits and collections.
(Sec. 5511) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties.
Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments.
(Sec. 5512) Revises the Secretary's authority to delegate to the States all authority and responsibility to conduct audits, inspections and production and royalty accounting duties with respect to all Federal lands within their borders. Includes production and royalty accounting duties and responsibilities among such delegable authorities. Repeals the requirement that the Secretary receive permission from the Indian tribe allottee involved before undertaking such a delegation with respect to any Indian lands. Authorizes a State to request the Secretary to sell the revenue stream from certain Federal leases on marginal properties.
(Sec. 5513) Amends FOGRMA to replace the knowing and willful standard for certain violations which incur a civil penalty with a standard of willful misconduct or gross negligence (a higher, more difficult standard of proof).
(Sec. 5514) Excludes Indian lands and privately owned minerals from the purview of this Act.
Subtitle G: Department of Energy - Instructs the Secretary of Energy (the Secretary for this subtitle) to conduct an asset management and disposition program resulting in a minimum of $225 million in receipts and savings by October 1, 2000. Enumerates the assets and raw materials for disposition. Exempts such program from the disposition guidelines of the Federal Property and Administrative Services Act of 1949 and the Surplus Property Act of l944.
(Sec. 5651) Directs the Secretary to draw down and sell 32 million barrels of oil in the Weeks Island Strategic Petroleum Reserve Facility.
(Sec. 5652) Amends the Energy Policy and Conservation Act to permit the Secretary to store petroleum products owned by a foreign government in under utilized Strategic Petroleum Reserve facilities. Mandates that 50 percent of the funds resulting from the leasing of Strategic Petroleum Reserve facilities be made available to the Secretary without further appropriation for oil purchases for the Strategic Petroleum Reserve.
Subtitle H: Mining - Mining Law Revenue Act of 1995 - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site.
(Sec. 5702) Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties.
Repeals: (1) the fee requirements of the Omnibus Budget Reconciliation Act of 1993; and (2) the filing requirements for mining claim recordation under the Federal Land Policy and Management Act of 1976.
(Sec. 5703) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites.
(Sec. 5704) Prescribes patent issuance guidelines. Sets forth procedural guidelines for divestment and reverter of a patented estate that is used for unauthorized purposes.
(Sec. 5705) Imposes a royalty of 2.5 percent on the Net Smelter Return of all ores, minerals, metals, and materials mined, removed and sold from the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Exempts from such royalty any mine with an annual gross yield of less than $500,000. Prescribes royalty payment procedures.
(Sec. 5706) Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund.
Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established.
(Sec. 5708) Identifies: (1) Federal lands and water eligible for reclamation under this subtitle; and (2) reclamation uses and objectives for moneys in a State Fund.
Subtitle I: Department of the Interior - Instructs the Secretary of the Interior (the Secretary for this subtitle) to: (1) contract with private entities for the provision of all aircraft services required by the Department of the Interior; (2) sell all aircraft and associated equipment and facilities owned by the Department. Requires return of all disposition proceeds to the Treasury.
Subtitle J: Power Marketing Administrations - Part I: Bonneville Power Administration Refinancing - Bonneville Power Administration Appropriations Refinancing Act - Prescribes guidelines under which the Administrator of the Bonneville Power Administration shall refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date.
(Sec. 5905) Prescribes guidelines for interest rates for new capital investments.
(Sec. 5907) Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement.
(Sec. 5908) Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government.
Part II: Alaska Power Marketing Administration Sale - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, and the Matanuska Electric Association, Inc. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury.
(Sec. 5911) Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, including the remedy of specific performance.
Provides for an action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum, or challenging actions of the Memorandum parties before adoption of the Program, if it is brought within 90 days after the Governor adopts such Program.
Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements.
Subtitle K: Radio and Television Communication Site Fees - Directs the Secretaries of Agriculture and of the Interior to: (1) assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or the Bureau of Land Management; (2) prescribe implementing regulations; and (3) establish a broad-based advisory group including representatives from the non-broadcast communications industry to review and report to the Congress on criteria for determining fair market values and next best alternative use.
Subtitle L: Amendments to Outer Continental Shelf Lands Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico.
(Sec. 5930) Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced.
Suspends royalties for a seven-year period for new leases in specified water depths in the Gulf.
Title VI: Committee on Environment and Public Works - Public Works Reconciliation Act of 1995 - Reduces by 15 percent the total of the amounts authorized, allocated, or unallocated to each State, for FY 1996-97, for specified highway demonstration projects under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), subject to specified requirements.
Provides for 15 percent reductions in total unobligated balances as of September 30, 1995, for certain previously authorized projects under ISTEA, the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the Surface Transportation Assistance Act of 1982, and under various Department of Transportation and Related Agencies Appropriations Acts.
(Sec. 6003) Directs that, with respect to the first fiscal year beginning after September 30, 1995: (1) the Secretary of Transportation shall determine, in accordance with the policies established by ISTEA, which of the States will no longer require an apportionment, and which will require decreased funding, as a result of the termination of the Interstate construction program; and (2) as a result of the reduced number of States that may require an apportionment and the decrease in the amount of funds some States will require, the amount apportioned shall be reduced from that apportioned for FY 1995 by 60.4 percent.
(Sec. 6004) Amends: (1) the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of Nuclear Regulatory Commission annual fees and user charges to September 30, 2005; and (2) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995, to extend Federal Emergency Management Agency radiological emergency preparedness fees through 2005.
Title VII: Committee on Finance - Spending Control Provisions - Subtitle A: Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Medicare Choice Plans) under which individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under part B (Supplementary Medical Insurance) are entitled to choose to receive health care items and services covered under such parts through either the traditional Medicare program or by receiving payments toward the individual's enrollment in a Medicare Choice plan under this new part. Outlines basic components of the new Medicare Choice program, providing specific details with regard to such various program-related matters as enrollment procedures, covered benefits, cost-sharing, sponsor requirements, plan standards, Medicare payment amounts, premiums and rebates, and contractual authority as well as certain related tax aspects under the Internal Revenue Code pertaining to Medicare Choice Accounts, certain rebates, and other specified matters.
(Sec. 7011) Makes various specified technical amendments with regard to Medicare part A hospital inflation updates, adjustments for capital-related tax costs, disproportionate share payments, and other payment-related matters pertaining to medical education and hospice and skilled nursing facility services, with changes including a reduction in certain payments for capital-related costs and a system of incentives for cost-effective management of covered non-routine services of skilled nursing facilities.
Provides for development of a prospective payment system for certain types of hospitals currently not under such system.
(Sec. 7018) Extends Medicare coverage of, and application of hospital insurance tax to, all State and local government employees.
(Sec. 7036) Directs the Secretary of Health and Human Services (HHS Secretary) to establish and implement a medical review of the effect of these payment paragraphs on the quality of extended care services furnished to Medicare beneficiaries in order to ensure that they are furnished appropriate extended care services.
(Sec. 7037) Requires the Prospective Payment Assessment Commission to report to the Congress on the payment system under Medicare for extended care services furnished by skilled nursing facilities.
(Sec. 7041) Makes various specified technical amendments with regard to Medicare part B physician service inflation updates and other provider service-related payment matters, among other changes: (1) replacing the volume performance standard with sustainable growth rate for physician service payments; (2) eliminating formula-driven overpayments for certain outpatient hospital services; and (3) freezing payment updates for clinical laboratory diagnostic, ambulatory surgical, and ambulance services as well as for durable medical equipment.
(Sec. 7050) Directs the Secretary to revise regulations on payment for anesthesia services to permit Medicare payment for such services furnished in a hospital or ambulatory surgical center by a certified registered nurse anesthetist who is authorized under State law to administer such services without supervision by the physician performing the operation or the anesthesiologist.
(Sec. 7051) Makes various specified changes with regard to the Medicare part B premium and deductible, including providing for an increase in such premium for certain high-income individuals as well as certain related changes under the Internal Revenue Code pertaining to the disclosure of tax return information for purposes of collecting such supplemental Medicare part B premiums.
(Sec. 7055) Makes various specified changes with regard to Medicare as secondary payor, and other outlined miscellaneous changes as well relating to Medicare part A and B provisions on matters such as payments for euthanasia services (which are prohibited), home health services (which are paid for on the basis of a per visit payment rate established by the Secretary for each type of home health service), and certification of Christian Science providers. Includes as additional changes revisions involving payments for prosthetics and orthotics under Medicare part A, health care in rural and shortage areas, and services furnished by physician assistants and nurse practitioners in outpatient or home settings. Establishes the Medicare rural hospital flexibility program (to replace the current essential access community hospital program) and the rural emergency access care hospital program. Authorizes appropriations.
(Sec. 7074) Directs the Physician Payment Review Commission to analyze and report to the Congress on the effectiveness of the provision of additional Medicare part B payments for physicians' services provided in shortage areas in recruiting physicians for such areas.
(Sec. 7076) Provides for certain demonstration projects to promote telemedicine. Authorizes appropriations.
Health Care Fraud and Abuse Prevention Act of 1995 - Amends SSA title XI to establish a fraud and abuse control program to: (1) coordinate Federal, State, and local efforts at combatting health care fraud and abuse; (2) conduct appropriate investigations, audits, and evaluations related to health care delivery and payment; and (3) facilitate enforcement of various applicable statutes relating to health care fraud and abuse. Establishes in the Federal Hospital Insurance Trust Fund the Health Care Fraud and Abuse Control Account for use in conjunction with the program established above.
(Sec. 7102) Modifies current sanctions under SSA title XI for fraud and abuse involving Medicare or State health care programs, with changes: (1) extending their application to fraud and abuse against any federally funded plan or program that provides health benefits, whether directly, through insurance, or otherwise; (2) providing for mandatory exclusion from participation in Medicare and State health care programs for an individual convicted of a felony related to health care fraud or a controlled substance; (3) establishing certain minimum periods of exclusion from such participation for certain offenses; (4) allowing for the imposition of other intermediate sanctions for certain miscellaneous eligible organization violations under Medicare in lieu of contract termination; and (5) providing for health care fraud and abuse guidance. Revises general civil monetary penalty provisions, modifying penalty and assessment amounts among other changes. Requires the Secretary to study and report to the Congress on volume and combination discounts under Medicare.
(Sec. 7121) Provides for the establishment of a health care fraud and abuse data collection program under SSA title X.
(Sec. 7141) Amends the Federal criminal code to add sanctions consisting of fines and imprisonment as well as property forfeitures for Federal health care offenses, with proceeds from such fines and forfeitures to be deposited in the Federal hospital insurance trust fund. Describes other criminal code changes relating to Federal health care offenses, including those pertaining to injunctive relief and money laundering.
(Sec. 7171) Sets forth various specified measures designed for ensuring solvency of the Medicare trust funds, including transfers of certain part B savings related to the revisions of this subtitle involving the Medicare part B premium to the Hospital Insurance Trust Fund.
(Sec.7175) Provides for a Medicare "budget expenditure limiting tool."
Subtitle B: Transformation of the Medicaid Program - Medicaid Transformation Act of 1995 - Amends SSA to add a new title XXI (Medicaid Program for Low-Income Individuals and Families) to replace the current Medicaid program, which is repealed as of October 1, 1996. Gives such new program the stated purpose of providing funds to States to enable them to provide medical assistance to certain eligible individuals and families in a more effective, efficient, and responsive manner. Outlines program particulars, which include: (1) a separate fraud prevention program along with State Medicaid fraud control units; (2) a Medicaid Task Force and associated advisory group as well as a Medical Drug Rebate Program Task Force; (3) funding set- asides for certain population groups and for grants for community health centers and rural health clinics; (4) respective payment limitations and prohibitions with regard to abortions and euthanasia services; (5) quality assurance standards for and certification of certain nursing facilities; and (6) a rebate program with regard to covered outpatient drugs. Directs the Secretary to develop a national, quantifiable classification system to identify children with special health needs. Provides for demonstration projects to provide methods of assuring quality care for children with special health care needs. Directs the Director of the Congressional Budget Office to report to the Congress annual analyses of the impact of the replacement of the Medicaid program on the health insurance status of children, individuals who have attained retirement age, and the disabled.
Subtitle C: Block Grants for Temporary Assistance for Needy Families - Work Opportunity Act of 1995 - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under SSA title IV parts A and F, respectively, with a program under a new part A of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (along with certain penalties against adult family members on TEA assistance who refuse to work), as well as with optional community service requirements and certain adult-supervised living arrangements for unmarried teenage parents.
(Sec. 7201) Provides for: (1) certain time-limited assistance to needy families with minor children in personal responsibility contracts with the involved State, with certain exceptions involving minor children and hardship situations; (2) job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevention and reduction of out-of-wedlock pregnancies. Provides that the obligations of each parent under such a contract shall be determined based upon a case manager's prior assessment of the parent's skills and abilities. Gives States options to deny assistance for out-of-wedlock births to minors and for children born to families receiving assistance, as well as in certain other cases. Denies TEA assistance for fugitive felons and probation and parole violators and for other specified situations. Provides for increased State grant and other payment amounts as rewards for job placement performance and out-of-wedlock birth reductions.
Reduces grant amounts as a penalty for violations of this new part. Sets out the administrative process for review of such penalties and other adverse decisions, requiring the Federal Government, before assessing such a penalty, to notify the State of the violation and give it an opportunity to correct any violations for which such penalty would be assessed. Authorizes appropriations with specific child care set-asides for each family with a dependent child requiring such care under the new program.
Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests, and the policy contained in the provisions of this subtitle is intended to address the crisis.
Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities and certain other similar funds for purposes related to State welfare programs.
Outlines program audit, data collection, and reporting requirements as well as certain study and evaluation requirements. Authorizes appropriations.
Directs the Bureau of the Census to expand the Survey of Income and Program Participation to enable interested persons to evaluate the impact of the changes made by this subtitle on a random national sample of recipients of assistance under State programs funded under this subtitle and other appropriate low-income families.
Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995.
Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians.
Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs.
(Sec. 7202) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act.
(Sec. 7203) Prohibits financial assistance provided under such programs from being expended for sectarian worship or instruction.
(Sec. 7204) Directs the Secretary of Commerce to enable the Bureau to collect statistically significant data concerning the growing trend of grandparents who are the primary caregivers for their grandchildren.
(Sec. 7205) Requires the HHS Secretary to study and report to the Congress on the welfare reorganization's effect on grandparents as primary caregivers.
(Sec. 7206) Requires development of a prototype of a counterfeit- resistant Social Security card and a study and congressional report, all by the Commissioner of Social Security, on methods of improving the application process for such a card.
(Sec. 7207) Requires organizations accepting Federal funds under certain parts of this Act, and making communications in support of or in opposition to any Federal, State, or local policy, to state in the communication that it was prepared and paid for by an organization that accepts Federal taxes.
(Sec. 7208) Amends the Family Support Act of 1988 to modify the job opportunities for certain low-income individuals program.
(Sec. 7209) Outlines State demonstration projects for increasing the number of school hours to provide children with a safe and healthy environment without exposure to unfavorable neighborhood influences. Authorizes appropriations.
(Sec. 7212) Provides that funds received by a State under the block grant program established by this Act, the optional State food assistance block grant program under the Food Stamp Act of 1977, and the child care block grant program under the Child Care and Development Block Grant Act of 1990 shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues.
(Sec. 7213) Makes conforming amendments under various specified titles of the Social Security Act, the Food Stamp Act of 1977, and other specified Federal laws.
Subtitle D: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI because of disability to drug addicts and alcoholics whose addiction or alcoholism is a contributing factor to such disability; (2) revise representative payee requirements; (3) provide for referrals of SSI- eligible disabled individuals with a substance abuse condition to the appropriate State agency for treatment; (4) deny SSI benefits for ten years to individuals who fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; and (5) deny SSI benefits for fugitive felons and probation and parole violators.
(Sec. 7251) Provides supplemental funding for alcohol and substance abuse treatment programs under the Public Health Service Act and for exchange of SSI information with law enforcement agencies.
(Sec. 7261) Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying medical criteria for evaluating mental and emotional disorders, and discontinuing individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under 18 receiving SSI benefits based on a disability as of the enactment of this Act whose eligibility for such benefits may terminate because of these amendments.
(Sec. 7262) Provides for periodic Commissioner reviews of the continued SSI eligibility of each individual under 18 who is eligible for such benefits because of an impairment or combination of impairments which may improve (or which is unlikely to improve, at the Commissioner's option). Requires a recipient's parent or guardian to present, at the time of such a review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition forming the basis for providing the benefits.
Provides that if an individual is eligible for SSI benefits because of disability for the month preceding the month in which he or she turns 18, the Commissioner shall redetermine such eligibility, during the one year period beginning when the individual turns 18, by applying the criteria for determining the initial eligibility of applicants who have turned 18.
Outlines specific requirements governing continuing disability reviews for low birth weight babies and benefit payments through representative payees to eligible individuals and their spouses.
(Sec. 7271) Requires the Commissioner to: (1) report annually on SSI to the President and the Congress; (2) issue a request for comments regarding improvements to disability evaluation and determination procedures for individuals under 18 to ensure their comprehensive assessment; (3) review such comments and issue any necessary regulations; and (4) make arrangements with the National Academy of Sciences, or other independent entity, to study Old Age, Survivors, and Disability Insurance (OASDI) and SSI disability determination processes for reports to the President and the Congress.
(Sec. 7274) Directs the Comptroller General to study and report to the Congress on this subtitles impact on SSI.
(Sec. 7281) Establishes the National Commission on the Future of Disability to study matters related to Federal programs for individuals with disabilities, including OASDI and SSI programs, with resulting recommendations for appropriate action submitted to the President and the Congress.
(Sec. 7291) Repeals maintenance of effort requirements applicable to optional State programs for supplementing SSI benefits.
(Sec. 7295) Bases eligibility for SSI on the retirement age used under OASDI.
Subtitle E: Child Support - Chapter 1: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children.
(Sec. 7302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family.
(Sec. 7303) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions.
Chapter 2: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries.
(Sec. 7312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments.
(Sec. 7313) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires.
(Sec. 7314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement.
(Sec. 7315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes.
(Sec. 3716) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders.
(Sec. 7317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records.
Chapter 3: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders.
(Sec. 7323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations.
Chapter 4: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgement of paternity; or (2) pursuant to a judicial or administrative order.
(Sec. 7333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support.
Chapter 5: Program Administration and Funding - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs.
(Sec. 7342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location.
(Sec. 7344) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks.
(Sec. 7345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service.
Chapter 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines.
(Sec. 7352) Revises the requirements for State plan procedures for the review and adjustment of support orders.
(Sec. 7353) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards.
(Sec. 7354) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition.
Chapter 7: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount.
(Sec. 7362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces.
(Sec. 7364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor.
(Sec. 7365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages.
(Sec. 7370) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support.
(Sec. 7371) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement.
(Sec. 7372) Denies means-tested Federal benefits to a non-custodial parent who is more than two months delinquent in paying child support.
(Sec. 7373) Requires a State plan for child and spousal support to provide that such State will make reasonable efforts to enter into cooperative agreements with an Indian tribe or tribal organization having an established tribal court system with child support enforcement powers for the cooperative delivery of child support enforcement services.
Authorizes the Secretary to make direct payments (analogous to payments to a State plan for spousal and child support) to an Indian tribe or tribal organization with an approved child support enforcement plan.
(Sec. 7374) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each absent parent targeted by the State who maintains an account at the institution, and to encumber such parent's assets at the institution pursuant to a lien or levy.
(Sec. 7375) Requires the State plans for automated child support payment and disbursement units, to include a mandatory enforcement fee schedule. Expresses the sense of the Senate that the States should pursue the collection of enforcement costs from a noncustodial parent who: (1) denies paternity and is later determined to be the father; and (2) does not voluntarily comply with judicial or administrative enforcement orders.
(Sec. 7376) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the mother is receiving assistance, are enforceable against the child's paternal grandparents.
(Sec. 7377) Expresses the sense of the Senate urging States: (1) to continue diligently their efforts to enforce child support payments by the non-custodial parent regardless of such parent's employment status or location; and (2) to pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent, or otherwise fulfill all financial obligations and meet all conditions imposed on the non- custodial parent, such as participation in a work program or other related activity.
Chapter 8: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process.
(Sec. 7379) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child.
Chapter 9: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children.
Chapter 10: Effect of Enactment - Sets forth effective dates for the provisions of this subtitle.
Subtitle F: NonCitizens - Gives States the option to prohibit Federal public assistance for certain aliens.
(Sec. 7402) Sets forth: (1) procedures governing Federal assistance eligibility determinations with regard to deemed income and resources of a U.S. citizen or national or an alien; and (2) requirements for sponsor's affidavit of support.
(Sec. 7404) Provides for limited eligibility of noncitizens for SSI benefits.
(Sec. 7405) Makes a noncitizen entering the United States ineligible for five years afterwards to receive any benefits under any program of assistance provided, or funded, in whole or in part, by the Federal Government, for which benefit eligibility is based on need, with certain exceptions.
Sec. 7406) Requires certain periodic information reporting by the appropriate authorities under SSA titles IV and XVI and the United States Housing Act of 1937 to the Immigration and Naturalization Service with regard to unlawful aliens.
(Sec. 7407) Prohibits Federal benefits from being paid or provided to any person not lawfully present in the United States, with certain exceptions pertaining to emergency medical or short-term disaster relief services, school lunches and child nutrition, and immunizations. Authorizes appropriations.
Subtitle G: Additional Provisions Relating to Welfare Reform - Specifies measures designed for obtaining workforce reductions at several Federal departments, with specified reductions set out for HHS, for a report to the Congress.
(Sec. 7421) Provides for a reduction in block grants for social services under SSA title XX (Block Grants to States for Social Services).
(Sec. 7422) Requires the Secretary to establish certain goals and conduct a certain study under SSA title XX related to out-of-wedlock and teenage pregnancy preventions for reports to the Congress.
(Sec. 7431) Places a limitation on administrative expenses under SSA title IV part E (Foster Care and Adoption Assistance). (Sec. 7441) Provides for exempting battered individuals from certain requirements under this Act where their application would endanger the individual's well-being.
(Sec. 7442) Expresses the sense of the Senate that: (1) prior to its acting on any welfare reform measures the Congressional Budget Office shall prepare certain analyses estimating the various costs to the States of meeting the requirements imposed on them by such measures; and (2) States and local jurisdictions should aggressively enforce statutory rape laws.
(Sec. 7444) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for controlled substance use.
(Sec. 7445) Increases funding for abstinence education under SSA title V (Maternal and Child Health Services), providing as well for certain funding set-asides for such education.
(Sec. 7446) Provides that if an individual's benefits under a Federal, State, or local law relating to a means-tested welfare or public assistance program (which include the food stamp, AFDC, and public or assisted housing programs) are reduced because of fraud by the individual, the individual may not, for the duration of the reduction, receive an increased benefit under any other means-tested welfare or public assistance program for which Federal funds are appropriated as a result of a decrease in the income of the individual attributable to such reduction.
Subtitle H: Reform of the Earned Income Tax Credit - Amends earned income tax credit provisions of the Internal Revenue Code to require the inclusion of an eligible individual's social security number on such individual's tax return.
Repeals such credit for individuals without children.
Decreases the credit percentage for those with two or more children.
Revises rules relating to the denial of the credit on the basis of disqualified income.
Replaces references to adjusted gross income, concerning the credit, with references to modified adjusted gross income. Defines modified adjusted gross income to include certain nontaxable income and to disregard certain losses.
Doubles the penalties to be paid by tax preparers violating provisions applicable to those who prepare returns for others.
Subtitle I: Increase in Public Debt - Increases the public debt limit.
Subtitle J: Correction of Cost of Living Adjustments - Expresses the sense of the Senate that: (1) the Consumer price index overstates the cost of living in the United States; (2) overstatement of the cost of living undermines the equitable administration of Federal benefits; and (3) all cost of living adjustments required by Federal law should be corrected as soon as possible.
Title VIII: Committee on Governmental Affairs - Provides under the Omnibus Budget Reconciliation Act of 1993 for an extension of the delay in cost-of-living adjustments in Federal employee retirement benefits through FY 2002.
(Sec. 8002) Revises Federal civil service law with respect to the Civil Service (CSRS) and Federal Employees'(FERS) Retirement Systems regarding deductions, contributions, and deposits, increasing agency contributions under CSRS during calendar years 1996 through 2002, and providing for a phased-in increase under both systems of the amounts of individual deductions, deposits, and withholdings until 2003, when the percentage of basic pay subject to such withholding generally reverts back to the current 1995 rate, except with regard to congressional employees and Members of Congress. Provides additional retirement-related changes under both systems with regard to the later two types of employees and their years of service for purposes of computing an annuity.
Title IX: Committee on the Judiciary - Amends the Omnibus Budget Reconciliation Act of 1990 to extend provisions regarding surcharges on patent and trademark fees through FY 2002. Specifies patent and trademark user fee amounts to be collected through establishment of surcharges for FY 1999 through 2002.
Title X: Committee on Labor and Human Resources - Amends the Higher Education Act of 1965 (HEA) with respect to student loan programs.
(Sec. 10002) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; (2) for academic year 1995-1996 to 30 percent, and for any succeeding fiscal year to 20 percent, of such volume for such year, except that the Secretary of Education may not enter into agreements with any additional eligible institutions that have not applied and been accepted for participation in such program on or before September 30, 1995. Eliminates provisions for selecting additional institutions to participate in such pilot program. Revises provisions for funds for administrative expenses.
Sets institutional default rate limitations on direct lending. Conditions the Secretary's authority to make new direct loans on the issuance of certain final standards and procedures for calculation of institutional default rates and for termination proceedings.
Eliminates the transition to the Federal Direct Loan Program.
Repeals certain provisions relating to fees for origination services.
Establishes requirements for a student loan program school participation fee to be paid by all eligible institutions on the basis of the total volume of Federal student loans (except consolidation loans) they disburse annually under the Federal Family Education Loan (FFEL) and the Federal Direct Loan (FDL) programs.
Makes provisions for State risk sharing with respect to default costs applicable to Federal Direct Loans.
(Sec. 10003) Eliminates certain grace period interest subsidies for new student loans for new borrowers.
Revises the parent loan (Federal PLUS loans) program to: (1) raise interest rates on PLUS loans; and (2) require each holder of a PLUS loan to pay biannual rebates of interest subsidies to the Secretary of Education.
Provides that Federal Direct loans have the same terms and conditions as FFEL (guaranteed) loans.
Permits development, production, distribution, or use of the common application form in an electronic format through software produced or distributed by guaranty agencies or eligible lenders, or consortia of agencies and lenders. Allows the applicant to certify the outcome of the application in a subsequent document. Prohibits charging a fee in connection with the use of such electronic form.
Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid.
Sets forth conditions under which: (1) Federal Direct (Perkins) Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans.
Allows income contingent repayment in the FFEL (guaranteed or Stafford) loan program.
(Sec. 10004) Revises provisions affecting FFEL program lenders and loanholders.
Revises provisions for insurance program agreements to qualify for interest subsidies to lower the percentage of unpaid principal of loans which must be insured under certain conditions.
Lowers the percentage of claimed unpaid principal and interest on loans which must be paid by guaranty agencies to lenders and servicers.
Increases the amount of loan fees from lenders.
Requires each holder of a subsidized or unsubsidized Federal Stafford loan to pay a biannual insurance subsidy rebate to the Secretary of Education.
Adds an audit exemption for small lenders.
(Sec. 10005) Revises provisions affecting guaranty agencies.
Requires guaranty agencies to use at least 50 percent of their reserve funds to purchase and hold defaulted loans that they guarantee and for which insurance claims are filed by the eligible lender, with specified exceptions.
Extends the period for which a guaranty agency is required to hold a defaulted loan under certain conditions. Sets forth provisions for the new extended holding period program with respect to subject loans, excluded loans, and guaranty agency efforts during such period. Prohibits the Secretary from regulating the collection activities of a guaranty agency with respect to any loan which is subject to such extended holding period and for which reinsurance has not been paid.
Revises provisions relating to: (1) administrative cost allowances; (2) the Secretary's share of collections on consolidated defaulted loans; (3) reserve funds of guaranty agencies; and (4) certain monitoring conducted through the National Student Loan Data System or otherwise.
Eliminates provisions for payments by the Secretary for supplemental preclaims assistance by guaranty agencies.
Prohibits use of reserve funds of a guaranty agency for marketing, advertising, or promotion of the Robert T. Stafford Federal student Loan Program, or for the hiring of advertising agencies or other third parties to provide advertising services.
(Sec. 10006) Extends the authorization of appropriations for, and the duration of, each program under the FFEL program.
(Sec. 10007) Provides for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee), and the cessation of Federal sponsorship. Repeals provisions for such Association under HEA.
Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Extension of Certain Authorities - Extends through FY 2002: (1) the requirement that non- service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs ; (2) certain Department veterans' medical care cost recovery authority; (3) the authority of the Secretary of Veterans Affairs to charge and collect a fee for Department-guaranteed veterans' housing loans; (4) the authority under Federal veterans' benefits' provisions and the Internal Revenue Code to verify a veteran's income for purposes of eligibility for needs- based benefits; and (5) a pension payment limitation of $90 monthly to Medicaid-eligible veterans and surviving spouses who have no dependents and reside in Medicaid-participating nursing homes.
Subtitle B: Cost-of-Living Adjustments in Compensation Rates - Prohibits the cost-of-living adjustments to veterans' disability compensation rates from being increased during FY 1996 through 2002 by a greater percentage than the increase during such period for benefits under title II (Old age, survivors and disability insurance) of the Social Security Act. Requires such rates to be rounded down to the next lower dollar.
Subtitle C: Educational Benefits - Limits the FY 1996 through 2002 cost-of-living adjustments in the rates of educational assistance payable under the Montgomery GI Bill to 50 percent of the increase in the Consumer Price Index during such period. Increases, for those individuals who first become eligible for such assistance during FY 1996 through 2002, the amount authorized to be deducted from monthly basic pay for participation in the program.
Subtitle D: Miscellaneous - Revises the Government's liability standard for disability or death resulting from Department treatment to allow compensation to be awarded for the additional disability or death in the same manner as if such disability or death were service- connected.
Title XII: Committee on Finance-Revenue Provisions - Subtitle A: Family Tax Relief - Amends the Internal Revenue Code to allow a credit of $500 annually per child. Provides for reductions in such credit, if income exceeds specified amounts.
Increases the standard deduction for married individuals.
Allows a credit of up to $5000 for qualified adoption expenses. Excludes from gross income up to $5000 of employee adoption assistance provided by an employer.
Allows a credit of up to $500 for interest on qualified educational loans.
Subtitle B: Savings and Investment Incentives - Chapter 1: Retirement Savings Incentives - Subchapter A: Individual Retirement Plans - Part I: Restoration of IRA Deduction - Increases the income limits for Individual Retirement Account deductions. Allows for full participation by both spouses, including homemakers. Provides an inflation adjustment for the deductible amount.
Part II: Nondeductible Tax-Free IRAs - Provides for the establishment IRA Plus accounts for which there shall be no deduction for contributions, however, qualifying distributions shall not be included in gross income.
Subchapter B: Penalty-Free Distributions - Permits, as specified, distributions without penalty: (1) to purchase a first home; (2) for financially devastating medical expenses; (3) for qualified higher education expenses; or (4) for certain unemployed individuals.
Subchapter C: Simple Savings Plans - Provides for the establishment of simple retirement accounts for employees of employers who employ 100 or fewer employees. Permits payments of up to $6000 annually into such an account by an employer. Allows for the deduction by the employee of such payment. Treats employer contributions to such plans generally the same as deductions of an employer to an employees' trust or annuity plan and compensation under a deferred-payment plan are treated. Provides for the extension a simple plan to a 401(k) arrangement.
Chapter 2: Capital Gains Reform - Subchapter A: Taxpayers Other Than Corporations - Establishes a capital gains deduction of 50 percent for individuals. Set forth special rules for collectibles.
Doubles the amount of gross assets a corporation may have and still qualify for the 50 percent exclusion for gain from certain small business stock. Repeals the per-issuer limitation.
Permits the rollover of gain from qualified small business stock to another qualified small business stock without recognition of gain under specified conditions.
Subchapter B: Corporate Capital Gains - Revises the alternative tax for corporations to set forth the general rule that if there is a net capital gain for a corporation, then in lieu of other applicable taxes, a tax is imposed consisting of the sum of: (1) a tax computed on the taxable income reduced by the net capital gain, at the rates and in the manner as if this provision had not been enacted; plus (2) a tax of 28 percent of the net capital gain. Provides a special rule for qualified small business gain.
Chapter 3: Corporate Alternative Minimum Tax Reform - Revises: (1) depreciation rules used for adjusting the computation of alternative minimum taxable income; and (2) provisions for determining credit for prior minimum tax liability so as to allow long-term unused credits against the minimum tax.
Subtitle C: Health Related Provisions - Chapter 1: Long-Term Care Provisions - Subchapter A: Long-Term Care Services and Contracts - Part I: General Provisions - Permits a deduction for qualified long-term care to the same extent as other qualified expenses are allowed for the medical care deduction.
Provides the following general rules with respect the treatment of a long-term care insurance contract: (1) it shall be treated as an accident or health insurance contract; (2) any plan of an employer providing coverage of qualified long-term care services shall be treated as an accident or health plan with respect to such services; (3) amounts (other than policyholder dividends or premium refunds) received under such a contract or plan shall be treated as amounts received for personal injuries or sickness and shall be treated as reimbursement for expenses actually incurred for medical care; (4) per diem payments or other periodic payments shall be treated as payments made with respect to qualified long-term care services; and (5) it shall be treated as a guaranteed renewable contract. Defines such a contract, as well as the term long-term care services. Requires reporting by any person paying long-term care benefits.
Part II: Consumer Protection Provisions - Requires a long-term care insurance contract to meet the following general requirements: (1) specified model regulation and model Act requirements of the long- term care insurance model regulations and the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners; (2) specified disclosure requirements; and (3) specified nonforfeiture requirements. Imposes a tax of $100 per day per policy on any person failing to meet specified requirements of the model regulations and model Act.
Subchapter B: Treatment of Accelerated Death Benefits - Provides, in general, that any amount received under a life insurance contract on the life of a terminally ill individual shall be treated as being paid because of the death of such individual.
Subchapter C: Medical Savings Accounts - Permits a deduction as a medical expense of up to $2000 for an individual and up to $4000 for a family for amounts paid into a medical savings account. Excludes employer contributions from the gross income of an employee who is covered by a high deductible health plan. Defines a medical savings account and states, as part of the definition, that any amount paid out of such an account exclusively for qualified medical expenses shall not be included in gross income.
Subchapter D: Other Provisions - Increases and provides an inflation adjustment for the death benefit limits, for purposes of the cash value accumulation test of a life insurance contract.
Subtitle D: Estate Tax Reform - Excludes from the gross value of certain estates involving a family-owned business the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includable in the estate; or (2) the sum of $1,500,000, plus 50 percent of the excess of the adjusted value of such interests over $1,500,000, but not over $5,000,000.
Increases the unified estate and gift tax credit.
Provides for a limited exclusion from the value of a gross estate for the election of a qualified conservation easement.
Subtitle E: Extension of Expiring Provisions - Chapter 1: Extensions Through February 28, 1997 - Extends provisions concerning the following through February 28, 1997: (1) the work opportunity tax credit; (2) employer-provided educational assistance programs; (3) the research tax credit; (4) employer-provided group legal services; (5) the orphan drug tax credit; (6) contributions of stock to private foundations; and (7) the delay of the scheduled increase in tax on fuel used in commercial aviation.
Chapter 2: Extensions of Superfund and Oil Spill Liability Taxes - Extends: (1) the environmental tax until January 1, 1998; (2) the Hazardous Superfund Financing rate until October 1, 2002; and (3) the Oil Spill Liability Trust Fund financing rate until October 1, 2002.
Chapter 3: Extensions Relating to Fuel Taxes - Extends the: (1) ethanol blender refund provisions until September 30, 1999; and (2) binding contract date for biomass and coal facilities provisions for one year.
Chapter 4: Diesel Dyeing Provisions - Provides an exemption from diesel fuel dyeing requirements for certain States.
Prohibits an excise tax, until March 1, 1997, on diesel fuel sold for use or used in diesel powered motor boats.
Chapter 5: Treatment of Individuals Who Expatriate - Sets forth the tax responsibilities of an expatriate: (1) who has had an average annual net income tax of more than $100,000 for the five year period ending before expatriation; (2) or whose net worth is $500,000 or more. Provides as a general rule that all property of a covered expatriate shall be treated as sold on the expatriation date for its fair market value. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Sets forth specified reporting requirements for all expatriates.
Subtitle F: Taxpayer Bill of Rights 2 Provisions - Authorizes the abatement of interest in the case of an unreasonable error in the performance by the IRS of a ministerial or managerial act. (Currently, such abatement is authorized for an error of a ministerial act.)
Grants the Tax Court jurisdiction to determine if the failure of the IRS to abate interest was an abuse of discretion.
Permits a joint return to be made after the filing of separate returns without the full payment of taxes shown on the return.
Increases from $500 to $50,000 the offers-in-compromise amount for which a written opinion is required from the Office of Chief Counsel.
Permits the awarding of litigation costs in declaratory judgment proceedings.
Permits the reduction of an award for civil damages for unauthorized collection activities if the court determines that all available administrative remedies have not been exhausted.
Includes enrolled agents as third-party recordkeepers.
Requires an annual notice to each taxpayer with an outstanding tax delinquency.
Subtitle G: Casualty and Involuntary Conversion Provisions - Revises involuntary conversion provisions to provide that if property was acquired as the result of a compulsory or involuntary conversion (as a result of partial or whole destruction through theft, seizure, or requisition or condemnation), the basis shall be the same as in the case of the property so converted: (1) decreased by the amount of any money received which was not expended in accordance with law determining taxable status of any gain or loss upon conversion; or (2) increased in the amount of gain or decreased in the amount of loss recognized upon conversion. Provides that, in the case of a C corporation, certain partnerships owned by one or more C corporations, or any taxpayer with involuntarily converted property with a realized gain of more than $100,000, any replacement property must be acquired from an unrelated person. Provides for the application of involuntary exclusion rules to residentially declared disasters.
Subtitle H: Exempt Organizations and Charitable Reforms - Permits tax-exempt foundations and community foundations to establish tax-exempt community service organizations to operate exclusively for charitable purposes. Applies the excise tax on private foundations, except the taxes on investment income and on failure to distribute income, to such organizations.
Declares that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations.
Prohibits agricultural or horticultural organization member dues of less than $100 from being treated as unrelated business income.
Repeals the credit for contributions to community development corporations.
Requires the executor of an estate claiming a charitable deduction for the transfer of a remainder interest to provide a written notice to each charitable beneficiary.
Subtitle I: Tax Reform and Other Provisions - Chapter 1: Provisions Relating to Business - Provides, with respect to a corporate shareholder's basis in stock reduced by the nontax portion of extraordinary dividends, that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received.
Requires the organizer of a corporate tax shelter to register the shelter. Sets forth penalties for failure to file.
Prohibits a deduction for interest paid on life insurance policies, endowments, or annuities which cover a company officer or employee.
Repeals the Puerto Rico and possessions tax credit for years beginning after December 31, 1995.
Revises provisions concerning: (1) the income forecast method of determining depreciation deductions; and (2) transfers of excess pension assets to retiree health accounts.
Repeals the exclusion for interest on loans used to acquire employer securities.
Chapter 2: Legal Reforms - Specifies that the exclusion from income of damages for personal injuries or sickness does not include punitive damages.
Chapter 3: Reforms Relating to Nonrecognition Provisions - Prohibits the nonrecognition of gain on the sale of a principal residence: (1) which is attributable to depreciation adjustments; or (2) unless the replacement property is located in the U.S.
Chapter 4: Excise Tax and Tax-Exempt Bond Provisions - Repeals the diesel fuel tax rebate to purchasers of diesel-powered automobiles and light trucks.
Repeals the wine and flavors content credit.
Prohibits the imposition of the ozone depleting chemicals tax on any halon imported from any country which is a signatory to the Montreal Protocol on Substances that Deplete the Ozone Layer.
Revises provisions concerning exempt facilities bond penalties to allow an election, as specified, to avoid such penalties for certain local furnishers of electricity and gas. Sets forth a special provision concerning the financing of the Snettisham hydroelectric project in Alaska.
Chapter 5: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts.
Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner.
Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and others as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation.
Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000.
Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts.
Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust.
Chapter 6: Financial Assets Securitization Investments - Treats a Financial Asset Securitization Investment Trust (FASIT) as a partnership and prohibits its treatment as a taxable mortgage pool. Requires, for purposes of determining the tax of any holder of a regular interest in a fasit, that such interest be treated: (1) if not otherwise a debt instrument, as a debt instrument; and (2) for purposes of the treatment of worthless securities, as issued by a corporation. Requires, for purposes the tax of the holder of the ownership interest in a FASIT, that such tax shall be determined as if: (1)such holder were a partner in such FASIT; and (2) such FASIT had filed an election under provisions determining the manner of electing an optional adjustment to the basis of partnership property. Declares that: (1) the taxable income of the holder of the ownership interest or high-yield interest in a FASIT for any taxable year shall in no event be less than such holder's taxable income determined solely with respect to such interests; and (2) if any high-yield interest is held by a disqualified holder, the provisions of chapter 1 (Normal Taxes and Surtaxes) shall be applied as if the transferor of such interest to such holder had not transferred such interest.
Chapter 7: Depreciation Provisions - Amends provisions concerning the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services.
Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period.
Revises provisions concerning: (1) the deduction for certain operating authority; and (2) the class life for gas station convenience stores and similar structures.
Chapter 8: Other Provisions - Provides for the application of the failure-to-pay penalty to returns prepared by the Secretary.
Requires withholding from bingo and keno winnings.
Provides that in the case of any loss arising from the sale or exchange of foreclosure property which is treated as a capital loss: (1) only 15 percent of the amount of such loss shall be treated as a capital loss; and (2) the remainder shall be treated as a loss from the sale or exchange of real property used in carrying on an insurance business which is recognized ratably over a ten year period.
Revises provisions concerning coal industry health benefit plans shortfalls and surpluses.
Includes newspaper distributors in the definition of the term direct seller.
Provides nonrecognition treatment for certain transfers by common trust funds to regulated investment trusts.
Provides for the treatment of: (1) certain insurance contracts on retired lives; and (2) modified guaranteed contracts.
Subtitle J: Pension Simplification - Chapter 1: General Provisions - Subchapter A: Simplification of Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner, has compensation from the employer in excess of $80,000, or was the most highly compensated officer of the employer. Provides a special rule where no employees meet those criteria. Defines "participant's compensation" and "compensation" for purposes of specified provisions.
Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions.
Modifies the two-part nondiscrimination test for elective contributions under cash or deferred arrangements by permitting the average deferral percentage for nonhighly compensated employees for the preceding year to be used in determining the permitted average deferral percentage for highly compensated employees for the current year.
Subchapter B: Simplified Distribution Rules - Repeals: (1) the $5,000 limitation on the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions.
Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments.
Subchapter C: Targeted Access to Pension Plans for Small Employers - Allows a current year business credit for small employer pension plan qualified start-up costs.
Prohibits treating a cash or deferred arrangement as qualified if it is part of a plan maintained by a State or local government or subdivision or a tax-exempt organization described in Internal Revenue Code section 501(c)(3). (Current law applies that prohibition to all tax-exempt organizations, not just to 501(c)(3) tax-exempt organizations.)
Subchapter D: Paperwork Reduction - Specifies a limitation, for years beginning after December 31, 1998, concerning a defined benefit plan and a defined contribution plan for the same employee.
Subtitle E: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees.
Establishes a contribution limit for owner-employees of retirement plans.
Eliminates the special vesting rule for multiemployer plans.
Amends minimum funding standards provisions to provide for the treatment of multiemployer plans with regard to full funding limitation provisions and valuation provisions.
Modifies the treatment of governmental plans with respect to limits on contributions and benefits.
Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations.
Provides for the application of participant's compensation provisions to permanently and totally disabled participants when a defined contribution plan provides for the continuation of contributions on behalf of all such disabled participants for a fixed or determinable period.
Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants on the basis of hardship or after attainment of age 59 1/2.
Treats certain retirement incentive payments for tenured faculty as not providing for the deferral of compensation.
Makes the social security retirement age the uniform retirement age for purposes of discrimination testing.
Doubles from five to ten percent the tax on prohibited transactions.
Amends the Revenue Act of 1987 to extend, for two years, IRS user fee provisions.
Chapter 2: Church Fees - Recodifies and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements.
Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts.
Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church.
Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions.
Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans.
Provides that certain rules aggregating employees do not apply to churches.
Restores qualified voluntary employee contributions to church plans.
Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers.
Provides that a church plan maintained by more than one employer shall not be treated as a single plan.
Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan.
Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees.
Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries.
Repeals the elective deferral catch-up limitation for church retirement income accounts.
Allows church plans to annuitize benefits and increase benefit payments.
Provides that rules for self-insured medical reimbursement plans are not applicable to church plans.
Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.