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(3) ARSENAL.—The term ‘‘Arsenal’’ means the
Joliet Army Ammunition Plant located in the State
of Illinois.
(4) CERCLA.—The term ‘‘CERCLA’’ means
the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(5) DEFENSE
ENVIRONMENTAL
RESTORATION
PROGRAM.—The term ‘‘Defense Environmental Res-
toration Program’’ means the program of environ-
mental restoration for defense installations estab-
lished by the Secretary of Defense under section
2701 of title 10, United States Code.
(6) ENVIRONMENTAL
LAW.—The term ‘‘envi-
ronmental law’’ means all applicable Federal, State,
and local laws, regulations, and requirements related
to protection of human health, natural and cultural
resources, or the environment, including CERCLA,
the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C.
7401 et seq.), the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.), the
Toxic Substances Control Act (15 U.S.C. 2601 et
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seq.), and the Safe Drinking Water Act (42 U.S.C.
300f et seq.).
(7) HAZARDOUS WASTE.—The term ‘‘hazardous
substance’’ has the meaning given such term by sec-
tion 101(14) of CERCLA (42 U.S.C. 9601(14)).
(8) MNP.—The term ‘‘MNP’’ means the
Midewin National Tallgrass Prairie established pur-
suant to section 10314 and managed as a part of
the National Forest System.
(9) NATIONAL CEMETERY.—The term ‘‘national
cemetery’’ means a cemetery established and oper-
ated as part of the National Cemetery System of the
Department of Veterans Affairs and subject to the
provisions of chapter 24 of title 38, United States
Code.
(10) PERSON.—The term ‘‘person’’ has the
meaning given such term by section 101(21) of
CERCLA (42 U.S.C. 9601(21)).
(11) POLLUTANT OR CONTAMINANT.—The term
‘‘pollutant or contaminant’’ has the meaning given
such term by section 101(33) of CERCLA (42
U.S.C. 9601(33)).
(12) RELEASE.—The term ‘‘release’’ has the
meaning given such term by section 101(22) of
CERCLA (42 U.S.C. 9601(22)).
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(13) RESPONSE ACTION.—The term ‘‘response
action’’ has the meaning given the term ‘‘response’’
by section 101(25) of CERCLA (42 U.S.C.
9601(25)).
CHAPTER 2—CONVERSION OF JOLIET ARMY AM-
MUNITION PLANT TO MIDEWIN NATIONAL
TALLGRASS PRAIRIE
SEC. 10311. PRINCIPLES OF TRANSFER.
(a) LAND USE PLAN.—The Congress ratifies in prin-
ciple the proposals generally identified by the land use
plan which was developed by the Joliet Arsenal Citizen
Planning Commission and unanimously approved on May
30, 1995.
(b) TRANSFER WITHOUT REIMBURSEMENT.—The
area constituting the Midewin National Tallgrass Prairie
shall be transferred, without reimbursement, to the Sec-
retary of Agriculture.
(c) MANAGEMENT OF MNP.—Management by the
Secretary of Agriculture of those portions of the Arsenal
transferred to the Secretary under this subtitle shall be
in accordance with sections 10314 and 10315 regarding
the Midewin National Tallgrass Prairie.
(d) SECURITY MEASURES.—The Secretary of the
Army and the Secretary of Agriculture shall each provide
and maintain physical and other security measures on
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such portion of the Arsenal as is under the administrative
jurisdiction of such Secretary. Such security measures
(which may include fences and natural barriers) shall in-
clude measures to prevent members of the public from
gaining unauthorized access to such portions of the Arse-
nal as are under the administrative jurisdiction of such
Secretary and that may endanger health or safety.
(e) COOPERATIVE AGREEMENTS.—The Secretary of
the Army, the Secretary of Agriculture, and the Adminis-
trator are individually and collectively authorized to enter
into cooperative agreements and memoranda of under-
standing among each other and with other affected Fed-
eral agencies, State and local governments, private organi-
zations, and corporations to carry out the purposes for
which the Midewin National Tallgrass Prairie is estab-
lished.
(f) INTERIM ACTIVITIES OF THE SECRETARY OF AG-
RICULTURE.—Prior to transfer and subject to such rea-
sonable terms and conditions as the Secretary of the Army
may prescribe, the Secretary of Agriculture may enter
upon the Arsenal property for purposes related to plan-
ning, resource inventory, fish and wildlife habitat manipu-
lation (which may include prescribed burning), and other
such activities consistent with the purposes for which the
Midewin National Tallgrass Prairie is established.
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SEC. 10312. TRANSFER OF MANAGEMENT RESPONSIBIL-
ITIES AND JURISDICTION OVER ARSENAL.
(a) INITIAL TRANSFER OF JURISDICTION.—Within 6
months after the date of the enactment of this Act, the
Secretary of the Army shall effect the transfer of those
portions of the Arsenal property identified for transfer to
the Secretary of Agriculture pursuant to subsection (d).
The Secretary of the Army shall transfer to the Secretary
of Agriculture only those portions of the Arsenal for which
the Secretary of the Army and the Administrator concur
that no further action is required under any environmental
law and which therefore have been eliminated from the
areas to be further studied pursuant to the Defense Envi-
ronmental Restoration Program for the Arsenal. Within
4 months after the date of the enactment of this Act, the
Secretary of the Army and the Administrator shall provide
to the Secretary of Agriculture all existing documentation
supporting such finding and all existing information relat-
ing to the environmental conditions of the portions of the
Arsenal to be transferred to the Secretary of Agriculture
pursuant to this subsection.
(b) ADDITIONAL TRANSFERS.—The Secretary of the
Army shall transfer to the Secretary of Agriculture in ac-
cordance with section 10316(c) any portion of the prop-
erty generally identified in subsection (d) and not trans-
ferred under subsection (a) after the Secretary of the
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Army and the Administrator concur that no further action
is required at that portion of property under any environ-
mental law and that such portion is therefore eliminated
from the areas to be further studied pursuant to the De-
fense Environmental Restoration Program for the Arse-
nal. At least 2 months before any transfer under this sub-
section, the Secretary of the Army and the Administrator
shall provide to the Secretary of Agriculture all existing
documentation supporting such finding and all existing in-
formation relating to the environmental conditions of the
portion of the Arsenal to be transferred. Transfer of juris-
diction pursuant to this subsection may be accomplished
on a parcel-by-parcel basis.
(c) EFFECT ON CONTINUED RESPONSIBILITIES AND
LIABILITY OF SECRETARY OF THE ARMY.—Subsections
(a) and (b), and their requirements, shall not in any way
affect the responsibilities and liabilities of the Secretary
of the Army specified in section 10313.
(d) IDENTIFICATION OF PORTIONS FOR TRANSFER
FOR MNP.—The lands to be transferred to the Secretary
of Agriculture under subsections (a) and (b) shall be iden-
tified on a map or maps which shall be agreed to by the
Secretary of the Army and the Secretary of Agriculture.
Generally, the land to be transferred to the Secretary of
Agriculture shall be all the real property and improve-
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ments comprising the Arsenal, except for lands and facili-
ties described in subsection (e) or designated for transfer
or disposal under section 10316 or chapter 3.
(e) PROPERTY USED FOR ENVIRONMENTAL CLEAN-
UP.—
(1) RETENTION.—The Secretary of the Army
shall retain jurisdiction, authority, and control over
real property at the Arsenal to be used for—
(A) water treatment;
(B) the treatment, storage, or disposal of
any hazardous substance, pollutant or contami-
nant, hazardous material, or petroleum prod-
ucts or their derivatives;
(C) other purposes related to any response
action at the Arsenal; and
(D) other actions required at the Arsenal
under any environmental law to remediate con-
tamination or conditions of noncompliance with
any environmental law.
(2) CONDITIONS.—The Secretary of the Army
shall consult with the Secretary of Agriculture re-
garding the identification and management of the
real property retained under this subsection and en-
sure that activities carried out on that property are
consistent, to the extent practicable, with the pur-
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poses for which the Midewin National Tallgrass
Prairie is established, as specified in section
10314(c), and with the other provisions of sections
10314 and 10315.
(3) PRIORITY OF RESPONSE ACTIONS.—In the
case of any conflict between management of the
property by the Secretary of Agriculture and any re-
sponse action, or any other action required under
any other environmental law, including actions to re-
mediate petroleum products of their derivatives, the
response action or other action shall take priority.
(f) SURVEYS.—All costs of necessary surveys for the
transfer of jurisdiction of Arsenal property from the Sec-
retary of the Army to the Secretary of Agriculture shall
be borne by the Secretary of Agriculture.
SEC. 10313. CONTINUATION OF RESPONSIBILITY AND LI-
ABILITY OF SECRETARY OF THE ARMY FOR
ENVIRONMENTAL CLEANUP.
(a) RESPONSIBILITY.—The liabilities and responsibil-
ities of the Secretary of the Army under any environ-
mental law shall not transfer under any circumstances to
the Secretary of Agriculture as a result of the property
transfers made under section 10312 or section 10316, or
as a result of interim activities of the Secretary of Agri-
culture on Arsenal property under section 10311(f). With
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respect to the real property at the Arsenal, the Secretary
of the Army shall remain liable for and continue to carry
out—
(1) 
all 
response 
actions 
required 
under
CERCLA at or related to the property;
(2) all remediation actions required under any
other environmental law at or related to the prop-
erty; and
(3) all actions required under any other envi-
ronmental law to remediate petroleum products or
their derivatives (including motor oil and aviation
fuel) at or related to the property.
(b) LIABILITY.—
(1) IN GENERAL.—Nothing in this Act shall be
construed to effect, modify, amend, repeal, alter,
limit, or otherwise change, directly or indirectly, the
responsibilities or liabilities under any environmental
law of any person (including the Secretary of Agri-
culture), except as provided in paragraph (3) with
respect to the Secretary of Agriculture.
(2) LIABILITY OF SECRETARY OF THE ARMY.—
The Secretary of the Army shall retain any obliga-
tion or other liability at the Arsenal that the Sec-
retary may have under CERCLA and other environ-
mental laws. Following transfer of any portions of
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the Arsenal pursuant to this Act, the Secretary of
the Army shall be accorded all easements and access
to such property as may be reasonably required to
carry out such obligation or satisfy such liability.
(3) SPECIAL RULES FOR SECRETARY OF AGRI-
CULTURE.—The Secretary of Agriculture shall not
be responsible or liable under any environmental law
for matters which are in any way related directly or
indirectly to activities of the Secretary of the Army,
or any party acting under the authority of the Sec-
retary in connection with the Defense Environmental
Restoration Program, at the Arsenal and which are
for any of the following:
(A) Costs of response actions required
under CERCLA at or related to the Arsenal.
(B) Costs, penalties, or fines related to
noncompliance with any environmental law at
or related to the Arsenal or related to the pres-
ence, release, or threat of release of any hazard-
ous substance, pollutant, contaminant, hazard-
ous waste or hazardous material of any kind at
or related to the Arsenal, including contamina-
tion resulting from migration of hazardous sub-
stances, pollutants, contaminants, hazardous
materials, or petroleum products or their de-
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rivatives disposed during activities of the De-
partment of the Army.
(C) Costs of actions necessary to remedy
such noncompliance or other problem specified
in subparagraph (B).
(c) PAYMENT OF RESPONSE ACTION COSTS.—Any
Federal department or agency that had or has operations
at the Arsenal resulting in the release or threatened re-
lease of hazardous substances, pollutants, or contaminants
shall pay the cost of related response actions, or related
actions under other environmental laws, including actions
to remediate petroleum products or their derivatives.
(d) CONSULTATION.—The Secretary of Agriculture
shall consult with the Secretary of the Army with respect
to the Secretary of Agriculture’s management of real prop-
erty included in the Midewin National Tallgrass Prairie
subject to any response action or other action at the Arse-
nal being carried out by or under the authority of the Sec-
retary of the Army under any environmental law. The Sec-
retary of Agriculture shall consult with the Secretary of
the Army prior to undertaking any activities on the
Midewin National Tallgrass Prairie that may disturb the
property to ensure that such activities will not exacerbate
contamination problems or interfere with performance by
the Secretary of the Army of response actions at the prop-
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erty. In carrying out response actions at the Arsenal, the
Secretary of the Army shall consult with the Secretary of
Agriculture to ensure that such actions are carried out in
a manner consistent with the purposes for which the
Midewin National Tallgrass Prairie is established, as spec-
ified in section 10314(c), and the other provisions of sec-
tions 10314 and 10315.
SEC. 10314. ESTABLISHMENT AND ADMINISTRATION OF
MIDEWIN NATIONAL TALLGRASS PRAIRIE.
(a) ESTABLISHMENT.—On the effective date of the
initial transfer of jurisdiction of portions of the Arsenal
to the Secretary of Agriculture under section 10312(a),
the Secretary of Agriculture shall establish the Midewin
National Tallgrass Prairie. The MNP shall—
(1) be administered by the Secretary of Agri-
culture; and
(2) consist of the real property so transferred
and such other portions of the Arsenal subsequently
transferred under section 10312(b) or 10316.
(b) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary of Agriculture
shall manage the Midewin National Tallgrass Prairie
as a part of the National Forest System in accord-
ance with this Act and the laws, rules, and regula-
tions pertaining to the National Forest System, ex-
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cept that the Bankhead-Jones Farm Tenant Act of
1937 (7 U.S.C. 1010–1012) shall not apply to the
MNP.
(2) INITIAL
MANAGEMENT
ACTIVITIES.—In
order to expedite the administration and public use
of the Midewin National Tallgrass Prairie, the Sec-
retary of Agriculture may conduct management ac-
tivities at the MNP to effectuate the purposes for
which the MNP is established, as specified in sub-
section (c), in advance of the development of a land
and resource management plan for the MNP.
(3) 
LAND
AND
RESOURCE
MANAGEMENT
PLAN.—In developing a land and resource manage-
ment plan for the Midewin National Tallgrass Prai-
rie, the Secretary of Agriculture shall consult with
the Illinois Department of Conservation and local
governments adjacent to the MNP and provide an
opportunity for public comment. Any parcel trans-
ferred to the Secretary of Agriculture under this Act
after the development of a land and resource man-
agement plan for the MNP may be managed in ac-
cordance with such plan without need for an amend-
ment to the plan.
(c) 
PURPOSES
OF
THE
MIDEWIN
NATIONAL
TALLGRASS PRAIRIE.—The Midewin National Tallgrass
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Prairie is established to be managed for National Forest
System purposes, including the following:
(1) To manage the land and water resources of
the MNP in a manner that will conserve and en-
hance the native populations and habitats of fish,
wildlife, and plants.
(2) To provide opportunities for scientific, envi-
ronmental, and land use education and research.
(3) To allow the continuation of agricultural
uses of lands within the MNP consistent with sec-
tion 10315(b).
(4) To provide a variety of recreation opportu-
nities that are not inconsistent with the preceding
purposes.
(d) OTHER LAND ACQUISITION FOR MNP.—
(1) LAND ACQUISITION FUNDS.—Notwithstand-
ing section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–9), monies ap-
propriated from the Land and Water Conservation
Fund established under section 2 of such Act (16
U.S.C. 460l–5) shall be available for acquisition of
lands and interests in land for inclusion in the
Midewin National Tallgrass Prairie.
(2) ACQUISITION OF PRIVATE LANDS.—Acquisi-
tion of private lands for inclusion in the Midewin
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National Tallgrass Prairie shall be on a willing seller
basis only.
(e) COOPERATION WITH STATES, LOCAL GOVERN-
MENTS AND OTHER ENTITIES.—In the management of
the Midewin National Tallgrass Prairie, the Secretary of
Agriculture is authorized and encouraged to cooperate
with appropriate Federal, State, and local governmental
agencies, private organizations and corporations. Such co-
operation may include cooperative agreements as well as
the exercise of the existing authorities of the Secretary
under the Cooperative Forestry Assistance Act of 1978
and the Forest and Rangeland Renewable Resources Re-
search Act of 1978. The objects of such cooperation may
include public education, land and resource protection and
cooperative management among government, corporate,
and private landowners in a manner which furthers the
purposes for which the Midewin National Tallgrass Prairie
is established.
SEC. 10315. SPECIAL MANAGEMENT REQUIREMENTS FOR
MIDEWIN NATIONAL TALLGRASS PRAIRIE.
(a) PROHIBITION AGAINST THE CONSTRUCTION OF
NEW THROUGH ROADS.—No new construction of any
highway, public road, or any part of the interstate system,
whether Federal, State, or local, shall be permitted
through or across any portion of the Midewin National
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Tallgrass Prairie. Nothing herein shall preclude construc-
tion and maintenance of roads for use within the MNP
or the granting of authorizations for utility rights-of-way
under applicable Federal law or preclude such access as
is necessary. Nothing herein shall preclude necessary ac-
cess by the Secretary of the Army for purposes of restora-
tion and cleanup as provided in this subtitle.
(b) AGRICULTURAL LEASES AND SPECIAL USE AU-
THORIZATIONS.—Within the Midewin National Tallgrass
Prairie, use of the lands for agricultural purposes shall
be permitted subject to the following terms and conditions:
(1) If, at the time of transfer of jurisdiction
under section 10312, there exists any lease issued by
the Department of the Army, Department of De-
fense, or any other agency thereof, for agricultural
purposes upon the parcel transferred, the Secretary
of Agriculture, upon transfer of jurisdiction, shall
convert the lease to a special use authorization, the
terms of which shall be identical in substance to the
lease that existed prior to the transfer, including the
expiration date and any payments owed the United
States.
(2) The Secretary of Agriculture may issue spe-
cial use authorizations to persons for use of the
Midewin National Tallgrass Prairie for agricultural
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purposes. Special use authorizations issued pursuant
to this paragraph shall include terms and conditions
as the Secretary of Agriculture may deem appro-
priate.
(3) No agricultural special use authorization
shall be issued for agricultural purposes which has
a term extending beyond the date 20 years from the
date of the enactment of this Act, except that noth-
ing in this Act shall preclude the Secretary of Agri-
culture from issuing agricultural special use author-
izations or grazing permits which are effective after
20 years from the date of the enactment of this Act
for purposes primarily related to erosion control,
provision for food and habitat for fish and wildlife,
or other resource management activities consistent
with the purposes of the Midewin National Tallgrass
Prairie.
(c) TREATMENT OF RENTAL FEES.—Monies received
pursuant to subsection (b) shall be subject to distribution
to the State of Illinois and affected counties pursuant to
the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C.
500). All such monies not distributed pursuant to such
Acts shall be deposited into the Treasury and shall con-
stitute a special fund, which shall be available to the Sec-
retary of Agriculture, in such amounts as are provided in
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advance in appropriation Acts, to cover the cost to the
United States of such prairie-improvement work as the
Secretary may direct. Any portion of any deposit made
to the fund which the Secretary determines to be in excess
of the cost of doing such work shall be transferred, upon
such determination, to miscellaneous receipts, Forest
Service Fund, as a National Forest receipt of the fiscal
year in which such transfer is made.
(d) USER FEES.—The Secretary of Agriculture is au-
thorized to charge reasonable fees for the admission, occu-
pancy, and use of the Midewin National Tallgrass Prairie
and may prescribe a fee schedule providing for reduced,
or a waiver of, fees for persons or groups engaged in au-
thorized activities including those providing volunteer
services, research, or education. The Secretary shall per-
mit admission, occupancy, and use at no additional charge
for persons possessing a valid Golden Eagle Passport or
Golden Age Passport.
(e) SALVAGE OF IMPROVEMENTS.—The Secretary of
Agriculture may sell for salvage value any facilities and
improvements which have been transferred to the Sec-
retary pursuant to this subtitle.
(f) TREATMENT OF USER FEES AND SALVAGE RE-
CEIPTS.—Monies collected pursuant to subsections (d)
and (e) shall be covered into the Treasury and constitute
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a special fund to be known as the Midewin National
Tallgrass Prairie Restoration Fund. Deposits in the
Midewin National Tallgrass Prairie Restoration Fund
shall be available to the Secretary of Agriculture, in such
amounts as are provided in advance in appropriation Acts,
for restoration and administration of the Midewin Na-
tional Tallgrass Prairie, including construction of a visitor
and education center, restoration of ecosystems, construc-
tion of recreational facilities (such as trails), construction
of administrative offices, and operation and maintenance
of the MNP.
SEC. 10316. SPECIAL DISPOSAL RULES FOR CERTAIN ARSE-
NAL PARCELS INTENDED FOR MNP.
(a) DESCRIPTION OF PARCELS.—Except as provided
in subsection (b), the following areas are designated for
transfer or disposal pursuant to subsection (c):
(1) Manufacturing Area—Study Area 1—
Southern Ash Pile, Study Area 2—Explosive Burn-
ing Ground, Study Area 3—Flashing Grounds,
Study Area 4—Lead Azide Area, Study Area 10—
Toluene Tank Farms, Study Area 11—Landfill,
Study Area 12—Sellite Manufacturing Area, Study
Area 14—Former Pond Area, Study Area 15—Sew-
age Treatment Plant.
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(2) Load Assemble Packing Area—Group 61:
Study Area L1, Explosive Burning Ground: Study
Area L2, Demolition Area: Study Area L3, Landfill
Area: Study Area L4, Salvage Yard: Study Area L5,
Group 1: Study Area L7, Group 2: Study Area L8,
Group 3: Study Area L9, Group 3A: Study Area
L10, Group 4: Study Area L14, Group 5: Study
Area L15, Group 8: Study Area L18, Group 9:
Study Area L19, Group 27: Study Area L23, Group
62: Study Area L25, PVC Area: Study Area L33,
including all associated inventoried buildings and
structures as identified in the Joliet Army Ammuni-
tion Plant Plantwide Building and Structures Re-
port and the contaminate study sites for both the
Manufacturing and Load Assembly and Packing
sides of the Joliet Arsenal as delineated in the
Dames and Moore Final Report, Proposed Future
Land Use Map, dated May 30, 1995.
(b) EXCEPTION.—The parcels described in subsection
(a) shall not include the property at the Arsenal des-
ignated for disposal under chapter 3.
(c) INITIAL
OFFER
TO
SECRETARY
OF
AGRI-
CULTURE.—Within 6 months after the construction and
installation of any remedial design approved by the Ad-
ministrator and required for any lands described in sub-
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section (a), the Administrator shall provide to the Sec-
retary of Agriculture all existing information regarding
the implementation of such remedy, including information
regarding its effectiveness. Within 3 months after the Ad-
ministrator provides such information to the Secretary of
Agriculture, the Secretary of the Army shall offer the Sec-
retary of Agriculture the option of accepting a transfer
of the areas described in subsection (a), without reim-
bursement, to be added to the Midewin National Tallgrass
Prairie and subject to the terms and conditions, including
the limitations on liability, contained in this subtitle. In
the event the Secretary of Agriculture declines such offer,
the property may be disposed of as the Secretary of the
Army would ordinarily dispose of such property under ap-
plicable provisions of law. Any sale or other transfer of
property conducted pursuant to this subsection may be ac-
complished on a parcel-by-parcel basis.
CHAPTER 3—OTHER REAL PROPERTY DISPOSALS
INVOLVING JOLIET ARMY AMMUNITION PLANT
SEC. 10321. DISPOSAL OF CERTAIN REAL PROPERTY AT AR-
SENAL FOR A NATIONAL CEMETERY.
(a) TRANSFER
REQUIRED.—Subject to section
10331, the Secretary of the Army shall transfer, without
reimbursement, to the Secretary of Veterans Affairs the
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parcel of real property at the Arsenal described in sub-
section (b) for use as a national cemetery.
(b) DESCRIPTION OF PROPERTY.—The real property
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 982
acres, the approximate legal description of which includes
part of sections 30 and 31 Jackson Township, T34N
R10E, and part of sections 25 and 36 Channahon Town-
ship, T34N R9E, Will County, Illinois, as depicted in the
Arsenal Land Use Concept.
(c) SECURITY MEASURES.—The Secretary of Veter-
ans Affairs shall provide and maintain physical and other
security measures on the real property transferred under
subsection (a). Such security measures (which may include
fences and natural barriers) shall include measures to pre-
vent members of the public from gaining unauthorized ac-
cess to the portion of the Arsenal that is under the admin-
istrative jurisdiction of the Secretary of Veterans Affairs
and that may endanger health or safety.
(d) SURVEYS.—All costs of necessary surveys for the
transfer of jurisdiction of Arsenal properties from the Sec-
retary of the Army to the Secretary of Veterans Affairs
shall be borne solely by the Secretary of Veterans Affairs.
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SEC. 10322. DISPOSAL OF CERTAIN REAL PROPERTY AT AR-
SENAL FOR A COUNTY LANDFILL.
(a) TRANSFER
REQUIRED.—Subject to section
10331, the Secretary of the Army shall transfer, without
compensation, to Will County, Illinois, all right, title, and
interest of the United States in and to the parcel of real
property at the Arsenal described in subsection (b), which
shall be operated as a landfill by the County.
(b) DESCRIPTION OF PROPERTY.—The real property
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 455
acres, the approximate legal description of which includes
part of sections 8 and 17, Florence Township, T33N
R10E, Will County, Illinois, as depicted in the Arsenal
Land Use Concept.
(c) CONDITION ON CONVEYANCE.—The conveyance
shall be subject to the condition that the Army (or its
agents or assigns) may use the landfill established on the
real property transferred under subsection (a) for the dis-
posal 
of 
construction 
debris, 
refuse, 
and 
other
nonhazardous materials from the restoration and cleanup
of the Arsenal property as provided for in this Act. Such
use shall be at no cost to the Federal Government.
(d) REVERSIONARY INTEREST.—During the 5-year
period beginning on the date the Secretary of the Army
makes the conveyance under subsection (a), if the Sec-
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retary of the Army determines that the conveyed real
property is not being operated as a landfill or that Will
County, Illinois, is in violation of the condition specified
in subsection (c), then, at the option of the United States,
all right, title, and interest in and to the property, includ-
ing improvements thereon, shall be subject to reversion to
the United States. In the event the United States exercises
its option to cause the property to revert, the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary of the Army
under this subsection shall be made on the record after
an opportunity for a hearing.
(e) SURVEYS.—All costs of necessary surveys for the
transfer of real property under this section shall be borne
by Will County, Illinois.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Army may require such additional terms and
conditions in connection with the conveyance under this
section as the Secretary of the Army considers appropriate
to protect the interests of the United States.
SEC. 10323. DISPOSAL OF CERTAIN REAL PROPERTY AT AR-
SENAL FOR ECONOMIC DEVELOPMENT.
(a) TRANSFER
REQUIRED.—Subject to section
10331, the Secretary of the Army shall transfer to the
State of Illinois, all right, title, and interest of the United
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States in and to the parcel of real property at the Arsenal
described in subsection (b), which shall be used for eco-
nomic redevelopment to replace all or a part of the eco-
nomic activity lost at the Arsenal.
(b) DESCRIPTION OF PROPERTY.—The real property
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of—
(1) approximately 1,900 acres, the approximate
legal description of which includes part of section
30, Jackson Township, Township 34 North, Range
10 East, and sections or parts of sections 24, 25,
26, 35, and 36, Township 34 North, Range 9 East,
in Channahon Township, an area of 9.77 acres
around the Des Plaines River Pump Station located
in the southeast quarter of section 15, Township 34
North, Range 9 East of the Third Principal Merid-
ian, in Channahon Township, and an area of 511
feet by 596 feet around the Kankakee River Pump
Station in the Northwest Quarter of section 5,
Township 33 North, Range 9 East, east of the
Third Principal Meridian in Wilmington Township,
containing 6.99 acres, located along the easterly side
of the Kankakee Cut-Off in Will County, Illinois, as
depicted in the Arsenal Re-Use Concept, and the
connecting piping to the northern industrial site, as
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described by the United States Army Report of
Availability, dated 13 December 1993; and
(2) approximately 1,100 acres, the approximate
legal description of which includes part of sections
16, 17, 18 Florence Township, Township 33 North,
Range 10 East, Will County, Illinois, as depicted in
the Arsenal Land Use Concept.
(c) CONSIDERATION.—The transfer under subsection
(a) shall be made without consideration. However, the
transfer shall be subject to the condition that, if the State
of Illinois reconveys all or any part of the transferred
property to a non-Federal entity, the State shall pay to
the United States an amount equal to the fair market
value of the reconveyed property. The Secretary of the
Army shall determine the fair market value of any prop-
erty reconveyed by the State as of the time of the
reconveyance, excluding the value of improvements made
to the property by the State. The Secretary may treat a
lease of the property as a reconveyance if the Secretary
determines that the lease was used in an effort to avoid
operation of this subsection. Amounts received under this
subsection shall be deposited in the general fund of the
Treasury for purposes of deficit reduction.
(d) OTHER CONDITIONS OF CONVEYANCE.—
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(1) REDEVELOPMENT AUTHORITY.—The trans-
fer under subsection (a) shall be subject to the fur-
ther condition that the Governor of the State of Illi-
nois establish a redevelopment authority to be re-
sponsible for overseeing the economic redevelopment
of the transferred land.
(2) TIME FOR ESTABLISHMENT.—To satisfy the
condition specified in paragraph (1), the redevelop-
ment authority shall be established within 1 year
after the date of the enactment of this Act.
(e) REVERSIONARY INTEREST.—During the 20-year
period beginning on the date the Secretary of the Army
makes the transfer under subsection (a), if the Secretary
determines that a condition specified in subsection (c) or
(d) is not being satisfied or that the transferred land is
not being used for economic development purposes, then,
at the option of the United States, all right, title, and in-
terest in and to the property, including improvements
thereon, shall be subject to reversion to the United States.
In the event the United States exercises its option to cause
the property to revert, the United States shall have the
right of immediate entry onto the property. Any deter-
mination of the Secretary under this subsection shall be
made on the record after an opportunity for a hearing.
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(f) SURVEYS.—All costs of necessary surveys for the
transfer of real property under this section shall be borne
by the State of Illinois.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary considers appropriate to protect
the interests of the United States.
CHAPTER 4—MISCELLANEOUS PROVISIONS
SEC. 10331. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to restrict or lessen the degree of cleanup at the
Arsenal required to be carried out under provisions of any
environmental law.
(b) RESPONSE ACTION.—The establishment of the
Midewin National Tallgrass Prairie under chapter 2 and
the additional real property transfers and disposals re-
quired under chapter 3 shall not restrict or lessen in any
way any response action or degree of cleanup under
CERCLA or other environmental law, or any response ac-
tion required under any environmental law to remediate
petroleum products or their derivatives (including motor
oil and aviation fuel), required to be carried out under the
authority of the Secretary of the Army at the Arsenal and
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surrounding areas, except to the extent otherwise allow-
able under such laws.
(c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any
contract for sale, deed, or other transfer of real property
under chapter 3 shall be carried out in compliance with
all applicable provisions of section 120(h) of CERCLA and
other environmental laws.
Subtitle D—Miscellaneous
Provisions
SEC. 10401. EXTENSION OF HIGHER VESSEL TONNAGE DU-
TIES.
(a) EXTENSION OF DUTIES.—Section 36 of the Act
of August 5, 1909 (36 Stat. 111; 46 App. U.S.C. 121),
is amended by striking ‘‘for fiscal years 1991, 1992, 1993,
1994, 1995, 1996, 1997, 1998,’’ each place it appears and
inserting ‘‘for fiscal years through fiscal year 2002,’’.
(b) CONFORMING AMENDMENT.—The Act entitled
‘‘An Act concerning tonnage duties on vessels entering
otherwise than by sea’’, approved March 8, 1910 (36 Stat.
234; 46 App. U.S.C. 132), is amended by striking ‘‘for
fiscal years 1991, 1992, 1993, 1994, 1995, 1996, 1997,
and 1998,’’ and inserting ‘‘for fiscal years through fiscal
year 2002,’’.
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SEC. 10402. SALE OF GOVERNORS ISLAND, NEW YORK.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator of General Services shall
dispose of by sale at fair market value all rights, title, and
interests of the United States in and to the land of, and
improvements to, Governors Island, New York.
(b) RIGHT OF FIRST REFUSAL.—Before a sale is
made under subsection (a) to any other parties, the State
of New York and the city of New York shall be given the
right of first refusal to purchase all or part of Governors
Island. Such right may be exercised by either the State
of New York or the city of New York or by both parties
acting jointly.
(c) PROCEEDS.—Proceeds from the disposal of Gov-
ernors Island under subsection (a) shall be deposited in
the general fund of the Treasury and credited as mis-
cellaneous receipts.
SEC. 10403. SALE OF AIR RIGHTS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator of General Services shall
sell, at fair market value and in a manner to be deter-
mined by the Administrator, the air rights adjacent to
Washington Union Station described in subsection (b), in-
cluding air rights conveyed to the Administrator under
subsection (d). The Administrator shall complete the sale
by such date as is necessary to ensure that the proceeds
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from the sale will be deposited in accordance with sub-
section (c).
(b) DESCRIPTION.—The air rights referred to in sub-
section (a) total approximately 16.5 acres and are depicted
on the plat map of the District of Columbia as follows:
(1) Part of lot 172, square 720.
(2) Part of lots 172 and 823, square 720.
(3) Part of lot 811, square 717.
(c) PROCEEDS.—Before September 30, 1996, pro-
ceeds from the sale of air rights under subsection (a) shall
be deposited in the general fund of the Treasury and cred-
ited as miscellaneous receipts.
(d) CONVEYANCE OF AMTRAK AIR RIGHTS.—
(1) GENERAL RULE.—As a condition of future
Federal financial assistance, Amtrak shall convey to
the Administrator of General Services on or before
December 31, 1995, at no charge, all of the air
rights of Amtrak described in subsection (b).
(2) FAILURE TO COMPLY.—If Amtrak does not
meet the condition established by paragraph (1),
Amtrak shall be prohibited from obligating Federal
funds after March 1, 1996.
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TITLE XI—COMMITTEE ON
VETERANS’ AFFAIRS
SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Veterans Reconciliation Act of 1995’’.
(b) TABLE OF CONTENTS.—The contents of this title
are as follows:
TITLE XI—COMMITTEE ON VETERANS’ AFFAIRS
Sec. 11001. Short title; table of contents.
Subtitle A—Extension of Temporary Authorities
Sec. 11011. Authority to require that certain veterans agree to make
copayments in exchange for receiving health-care benefits.
Sec. 11012. Medical care cost recovery authority.
Sec. 11013. Income verification authority.
Sec. 11014. Limitation on pension for certain recipients of medicaid-covered
nursing home care.
Sec. 11015. Home loan fees.
Sec. 11016. Procedures applicable to liquidation sales on defaulted home loans
guaranteed by the Department of Veterans Affairs.
Subtitle B—Other Matters
Sec. 11021. Revision to prescription drug copayment.
Sec. 11022. Rounding down of cost-of-living adjustments in compensation and
DIC rates.
Sec. 11023. Revised standard for liability for injuries resulting from Depart-
ment of Veterans Affairs treatment.
Sec. 11024. Enhanced loan asset sale authority.
Sec. 11025. Withholding of payments and benefits.
Subtitle C—Health Care Eligibility Reform
Sec. 11031. Hospital care and medical services.
Sec. 11032. Extension of authority to priority health care for Persian Gulf vet-
erans.
Sec. 11033. Prosthetics.
Sec. 11034. Management of health care.
Sec. 11035. Improved efficiency in health care resource management.
Sec. 11036. Sharing agreements for specialized medical resources.
Sec. 11037. Personnel furnishing shared resources.
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Subtitle A—Extension of
Temporary Authorities
SEC. 11011. AUTHORITY TO REQUIRE THAT CERTAIN VET-
ERANS AGREE TO MAKE COPAYMENTS IN EX-
CHANGE FOR RECEIVING HEALTH-CARE BEN-
EFITS.
(a) 
HOSPITAL
AND
MEDICAL
CARE.—Section
8013(e) of the Omnibus Budget Reconciliation Act of
1990 (38 U.S.C. 1710 note) is amended by striking out
‘‘September 30, 1998’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 2002’’.
(b) OUTPATIENT MEDICATIONS.—Section 1722A(c)
of title 38, United States Code, is amended by striking
out ‘‘September 30, 1998’’ and inserting in lieu thereof
‘‘September 30, 2002’’.
SEC. 11012. MEDICAL CARE COST RECOVERY AUTHORITY.
Section 1729(a)(2)(E) of title 38, United States
Code, is amended by striking out ‘‘before October 1,
1998,’’ and inserting ‘‘before October 1, 2002,’’.
SEC. 11013. INCOME VERIFICATION AUTHORITY.
Section 5317(g) of title 38, United States Code, is
amended by striking out ‘‘September 30, 1998’’ and in-
serting in lieu thereof ‘‘September 30, 2002’’.
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SEC. 11014. LIMITATION ON PENSION FOR CERTAIN RECIPI-
ENTS 
OF 
MEDICAID-COVERED 
NURSING
HOME CARE.
Section 5503(f)(7) of title 38, United States Code,
is amended by striking out ‘‘September 30, 1998’’ and in-
serting in lieu thereof ‘‘September 30, 2002’’.
SEC. 11015. HOME LOAN FEES.
Section 3729(a) of title 38, United States Code, is
amended—
(1) in paragraph (4), by striking out ‘‘October
1, 1998’’ and inserting in lieu thereof ‘‘October 1,
2002’’; and
(2) in paragraph (5)(C), by striking out ‘‘Octo-
ber 1, 1998’’ and inserting in lieu thereof ‘‘October
1, 2002’’.
SEC. 11016. PROCEDURES APPLICABLE TO LIQUIDATION
SALES ON DEFAULTED HOME LOANS GUAR-
ANTEED BY THE DEPARTMENT OF VETERANS
AFFAIRS.
Section 3732(c)(11) of title 38, United States Code,
is amended by striking out ‘‘October 1, 1998’’ and insert-
ing ‘‘October 1, 2002’’.
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Subtitle B—Other Matters
SEC. 
11021. 
REVISION 
TO 
PRESCRIPTION 
DRUG
COPAYMENT.
(a) INCREASE IN AMOUNT OF COPAYMENT.—Section
1722A(a) of title 38, United States Code, is amended—
(1) in paragraph (1), by striking out ‘‘$2’’ and
inserting in lieu thereof ‘‘$3’’;
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2).
(b) RECOVERY
OF
INDEBTEDNESS.—(1) Section
5302 of such title is amended by adding at the end the
following new subsection:
‘‘(f) The Secretary may not waive under this section
the recovery of any payment or the collection of any in-
debtedness owed under section 1722A of this title.’’.
(2) The amendment made by paragraph (1) shall
apply with respect to amounts that become due to the
United States under section 1722A of title 38, United
States Code, on or after the date of the enactment of this
Act.
SEC. 11022. ROUNDING DOWN OF COST-OF-LIVING ADJUST-
MENTS IN COMPENSATION AND DIC RATES.
(a) FISCAL YEAR 1996 COLA.—(1) Effective as of
December 1, 1995, the Secretary of Veterans Affairs shall
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recompute any increase in an adjustment that is otherwise
provided by law to be effective during fiscal year 1996 in
the rates of disability compensation and dependency and
indemnity compensation paid by the Secretary as such
rates were in effect on November 30, 1995. The recom-
putation shall provide for the same percentage increase
as provided under such law, but with amounts so recom-
puted (if not a whole dollar amount) rounded down to the
next lower whole dollar amount (rather than to the nearest
whole dollar amount) and with each old-law DIC rate in-
creased by the amount by which the new-law DIC rate
is increased (rather than by a uniform percentage).
(2) For purposes of paragraph (1):
(A) The term ‘‘old-law DIC rate’’ means a dol-
lar amount in effect under section 1311(a)(3) of title
38, United States Code.
(B) The term ‘‘new-law DIC rate’’ means the
dollar amount in effect under section 1311(a)(1) of
title 38, United States Code.
(b) OUT-YEAR COMPENSATION COLAS.—(1) Chap-
ter 11 of title 38, United States Code, is amended by in-
serting after section 1102 the following new section:
‘‘§ 1103. Cost-of-living adjustments
‘‘(a) In the computation of cost-of-living adjustments
for fiscal years 1997 through 2002 in the rates of, and
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dollar limitations applicable to, compensation payable
under this chapter, such adjustments shall be made by a
uniform percentage that is no more than the percentage
equal to the social security increase for that fiscal year,
with all increased monthly rates and limitations (other
than increased rates or limitations equal to a whole dollar
amount) rounded down to the next lower whole dollar
amount.
‘‘(b) For purposes of this section, the term ‘social se-
curity increase’ means the percentage by which benefit
amounts payable under title II of the Social Security Act
(42 U.S.C. 401 et seq.) are increased for any fiscal year
as a result of a determination under section 215(i) of such
Act (42 U.S.C. 415(i)).’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1102 the following new item:
‘‘1103. Cost-of-living adjustments.’’.
(c) OUT-YEAR DIC COLAS.—(1) Chapter 13 of title
38, United States Code, is amended by inserting after sec-
tion 1302 the following new section:
‘‘§ 1303. Cost-of-living adjustments
‘‘(a) In the computation of cost-of-living adjustments
for fiscal years 1997 through 2002 in the rates of depend-
ency and indemnity compensation payable under this
chapter, such adjustments (except as provided in sub-
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section (b)) shall be made by a uniform percentage that
is no more than the percentage equal to the social security
increase for that fiscal year, with all increased monthly
rates (other than increased rates equal to a whole dollar
amount) rounded down to the next lower whole dollar
amount.
‘‘(b)(1) Cost-of-living adjustments for each of fiscal
years 1997 through 2002 in old-law DIC rates shall be
in a whole dollar amount that is no greater than the
amount by which the new-law DIC rate is increased for
that fiscal year as determined under subsection (a).
‘‘(2) For purposes of paragraph (1):
‘‘(A) The term ‘old-law DIC rates’ means the
dollar amounts in effect under section 1311(a)(3) of
this title.
‘‘(B) The term ‘new-law DIC rate’ means the
dollar amount in effect under section 1311(a)(1) of
this title.
‘‘(c) For purposes of this section, the term ‘social se-
curity increase’ means the percentage by which benefit
amounts payable under title II of the Social Security Act
(42 U.S.C. 401 et seq.) are increased for any fiscal year
as a result of a determination under section 215(i) of such
Act (42 U.S.C. 415(i)).’’.
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(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1302 the following new item:
‘‘1303. Cost-of-living adjustments.’’.
SEC. 11023. REVISED STANDARD FOR LIABILITY FOR INJU-
RIES RESULTING FROM DEPARTMENT OF
VETERANS AFFAIRS TREATMENT.
(a) REVISED STANDARD.—Section 1151 of title 38,
United States Code, is amended—
(1) by designating the second sentence as sub-
section (c);
(2) by striking out the first sentence and insert-
ing in lieu thereof the following:
‘‘(a) Compensation under this chapter and depend-
ency and indemnity compensation under chapter 13 of this
title shall be awarded for a qualifying additional disability
of a veteran or the qualifying death of a veteran in the
same manner as if such disability or death were service-
connected.
‘‘(b)(1) For purposes of this section, a disability or
death is a qualifying additional disability or a qualifying
death only if the disability or death—
‘‘(A) was caused by Department health care
and was a proximate result of—
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‘‘(i) negligence on the part of the Depart-
ment in furnishing the Department health care;
or
‘‘(ii) an event not reasonably foreseeable;
or
‘‘(B) was incurred as a proximate result of the
provision of training and rehabilitation services by
the Secretary (including by a service-provider used
by the Secretary for such purpose under section
3115 of this title) as part of an approved rehabilita-
tion program under chapter 31 of this title.
‘‘(2) For purposes of this section, the term ‘Depart-
ment health care’ means hospital care, medical or surgical
treatment, or an examination that is furnished under any
law administered by the Secretary to a veteran by a De-
partment employee or in a Department facility (as defined
in section 1701(3)(A) of this title).
‘‘(3) A disability or death of a veteran which is the
result of the veteran’s willful misconduct is not a qualify-
ing disability or death for purposes of this section.’’; and
(3) by adding at the end the following:
‘‘(d) Effective with respect to injuries, aggravations
of injuries, and deaths occurring after September 30,
2002, a disability or death is a qualifying additional dis-
ability or a qualifying death for purposes of this section
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(notwithstanding the provisions of subsection (b)(1)) if the
disability or death—
‘‘(1) was the result of Department health care;
or
‘‘(2) was the result of the pursuit of a course
of vocational rehabilitation under chapter 31 of this
title.’’.
(b) CONFORMING AMENDMENTS.—Subsection (c) of
such section, as designated by subsection (a)(1), is amend-
ed—
(1) by striking out ‘‘, aggravation,’’ both places
it appears; and
(2) by striking out ‘‘sentence’’ and inserting in
lieu thereof ‘‘subsection’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to any administrative or judicial
determination of eligibility for benefits under section 1151
of title 38, United States Code, based on a claim that is
received by the Secretary on or after October 1, 1995, in-
cluding any such determination based on an original appli-
cation or an application seeking to reopen, revise, recon-
sider, or otherwise readjudicate any claim for benefits
under section 1151 of that title or any predecessor provi-
sion of law.
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SEC. 11024. ENHANCED LOAN ASSET SALE AUTHORITY.
Section 3720(h)(2) of title 38, United States Code,
is amended by striking out ‘‘December 31, 1995’’ and in-
serting in lieu thereof ‘‘September 30, 1996’’.
SEC. 11025. WITHHOLDING OF PAYMENTS AND BENEFITS.
(a) NOTICE REQUIRED IN LIEU OF CONSENT OR
COURT ORDER.—Section 3726 of title 38, United States
Code, is amended by striking out ‘‘unless’’ and all that
follows and inserting in lieu thereof the following: ‘‘unless
the Secretary provides such veteran or surviving spouse
with notice by certified mail with return receipt requested
of the authority of the Secretary to waive the payment
of indebtedness under section 5302(b) of this title. If the
Secretary does not waive the entire amount of the liability,
the Secretary shall then determine whether the veteran or
surviving spouse should be released from liability under
section 3713(b) of this title. If the Secretary determines
that the veteran or surviving spouse should not be released
from liability, the Secretary shall notify the veteran or sur-
viving spouse of that determination and provide a notice
of the procedure for appealing that determination, unless
the Secretary has previously made such determination and
notified the veteran or surviving spouse of the procedure
for appealing the determination.’’.
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(b) CONFORMING AMENDMENT.—Section 5302(b) of
such title is amended by inserting ‘‘with return receipt re-
quested’’ after ‘‘certified mail’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to any indebtedness
to the United States arising pursuant to chapter 37 of
title 38, United States Code, before, on, or after the date
of the enactment of this Act.
Subtitle C—Health Care Eligibility
Reform
SEC. 11031. HOSPITAL CARE AND MEDICAL SERVICES.
(a) ELIGIBILITY FOR CARE.—Section 1710(a) of title
38, United States Code, is amended by striking out para-
graphs (1) and (2) and inserting the following:
‘‘(a)(1) The Secretary shall, to the extent and in the
amount provided in advance in appropriations Acts for
these purposes, provide hospital care and medical services,
and may provide nursing home care, which the Secretary
determines is needed to any veteran—
‘‘(A) with a compensable service-connected dis-
ability;
‘‘(B) whose discharge or release from active
military, naval, or air service was for a compensable
disability that was incurred or aggravated in the line
of duty;
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‘‘(C) who is in receipt of, or who, but for a sus-
pension pursuant to section 1151 of this title (or
both a suspension and the receipt of retired pay),
would be entitled to disability compensation, but
only to the extent that such veteran’s continuing eli-
gibility for such care is provided for in the judgment
or settlement provided for in such section;
‘‘(D) who is a former prisoner of war;
‘‘(E) of the Mexican border period or of World
War I;
‘‘(F) who was exposed to a toxic substance, ra-
diation, or environmental hazard, as provided in sub-
section (e); and
‘‘(G) who is unable to defray the expenses of
necessary care as determined under section 1722(a)
of this title.
‘‘(2) In the case of a veteran who is not described
in paragraph (1), the Secretary may, to the extent re-
sources and facilities are available and subject to the pro-
visions of subsection (f), furnish hospital care, medical
services, and nursing home care which the Secretary deter-
mines is needed.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
1710(e) of such title is amended—
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(A) in paragraph (1), by striking out ‘‘hospital
care and nursing home care’’ in subparagraphs (A),
(B), and (C) and inserting in lieu thereof ‘‘hospital
care, medical services, and nursing home care’’;
(B) in paragraph (2), by inserting ‘‘and medical
services’’ after ‘‘Hospital and nursing home care’’;
and
(C) by striking out ‘‘subsection (a)(1)(G) of
this section’’ each place it appears and inserting in
lieu thereof ‘‘subsection (a)(1)(F)’’.
(2) Chapter 17 of such title is amended—
(A) by redesignating subsection (g) of section
1710 as subsection (h); and
(B) by transferring subsection (f) of section
1712 of such title to section 1710 so as to appear
after subsection (f), redesignating such subsection as
subsection (g), and amending such subsection by
striking out ‘‘section 1710(a)(2) of this title’’ in
paragraph (1) and inserting in lieu thereof ‘‘sub-
section (a)(2) of this section’’.
(3) Section 1712 of such title is amended—
(A) by striking out subsections (a) and (i); and
(B) by redesignating subsections (b), (c), (d),
(h) and (j), as subsections (a), (b), (c), (d), and (e),
respectively.
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SEC. 11032. EXTENSION OF AUTHORITY TO PRIORITY
HEALTH CARE FOR PERSIAN GULF VETER-
ANS.
Section 1710(e)(3) of title 38, United States Code,
is amended by striking out ‘‘December 31, 1995’’ and in-
serting in lieu thereof ‘‘December 31, 1998’’.
SEC. 11033. PROSTHETICS.
(a) 
ELIGIBILITY
FOR
PROSTHETICS.—Section
1701(6)(A)(i) of title 38, United States Code, is amend-
ed—
(1) by striking out ‘‘(in the case of a person
otherwise receiving care or services under this chap-
ter)’’ and ‘‘(except under the conditions described in
section 1712(a)(5)(A) of this title),’’;
(2) by inserting ‘‘(in the case of a person other-
wise receiving care or services under this chapter)’’
before ‘‘wheelchairs,’’; and
(3) by inserting ‘‘except that the Secretary may
not furnish sensori-neural aids other than in accord-
ance with guidelines which the Secretary shall pre-
scribe,’’ after ‘‘reasonable and necessary,’’.
(b) REGULATIONS.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of Veter-
ans Affairs shall prescribe the guidelines required by the
amendments made by subsection (a) and shall furnish a
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copy of those guidelines to the Committees on Veterans’
Affairs of the Senate and House of Representatives.
SEC. 11034. MANAGEMENT OF HEALTH CARE.
(a) IN GENERAL.—(1) Chapter 17 of title 38, United
States Code, is amended by inserting after section 1704
the following new sections:
‘‘§ 1705. Management of health care: patient enroll-
ment system
‘‘(a) In managing the provision of hospital care and
medical services under section 1710(a)(1) of this title, the
Secretary, in accordance with regulations the Secretary
shall prescribe, shall establish and operate a system of an-
nual patient enrollment. The Secretary shall manage the
enrollment of veterans in accordance with the following
priorities, in the order listed:
‘‘(1) Veterans with service-connected disabilities
rated 30 percent or greater.
‘‘(2) Veterans who are former prisoners of war
and veterans with service connected disabilities rated
10 percent or 20 percent.
‘‘(3) Veterans who are in receipt of increased
pension based on a need of regular aid and attend-
ance or by reason of being permanently housebound
and other veterans who are catastrophically disabled.
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‘‘(4) Veterans not covered by paragraphs (1)
through (3) who are unable to defray the expenses
of necessary care as determined under section
1722(a) of this title.
‘‘(5) All other veterans eligible for hospital care,
medical services, and nursing home care under sec-
tion 1710(a)(1) of this title.
‘‘(b) In the design of an enrollment system under
subsection (a), the Secretary—
‘‘(1) shall ensure that the system will be man-
aged in a manner to ensure that the provision of
care to enrollees is timely and acceptable in quality;
‘‘(2) may establish additional priorities within
each priority group specified in subsection (a), as
the Secretary determines necessary; and
‘‘(3) may provide for exceptions to the specified
priorities where dictated by compelling medical rea-
sons.
‘‘§ 1706. Management of health care: other require-
ments
‘‘(a) In managing the provision of hospital care and
medical services under section 1710(a) of this title, the
Secretary shall, to the extent feasible, design, establish
and manage health care programs in such a manner as
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to promote cost-effective delivery of health care services
in the most clinically appropriate setting.
‘‘(b) In managing the provision of hospital care and
medical services under section 1710(a) of this title, the
Secretary—
‘‘(1) may contract for hospital care and medical
services when Department facilities are not capable
of furnishing such care and services economically,
and
‘‘(2) shall make such rules and regulations re-
garding acquisition procedures or policies as the Sec-
retary considers appropriate to provide such needed
care and services.
‘‘(c) In managing the provision of hospital care and
medical services under section 1710(a) of this title, the
Secretary shall ensure that the Department maintains its
capacity to provide for the specialized treatment and reha-
bilitative needs of disabled veterans described in section
1710(a) of this title (including veterans with spinal cord
dysfunction, blindness, amputations, and mental illness)
within distinct programs or facilities of the Department
that are dedicated to the specialized needs of those veter-
ans in a manner that (1) affords those veterans reasonable
access to care and services for those specialized needs, and
(2) ensures that overall capacity of the Department to pro-
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vide such services is not reduced below the capacity of the
Department, nationwide, to provide those services, as of
the date of the enactment of this section.
‘‘(d) In managing the provision of hospital care and
medical services under section 1710(a) of this title, the
Secretary shall ensure that any veteran with a service-con-
nected disability is provided all benefits under this chapter
for which that veteran was eligible before the date of the
enactment of this section.’’.
(2) The table of sections at the beginning of chapter
17 of such title is amended by inserting after the item
relating to section 1704 the following new items:
‘‘1705. Management of health care: patient enrollment system.
‘‘1706. Management of health care: other requirements.’’.
(b) 
CONFORMING
AMENDMENTS
TO
SECTION
1703.—(1) Section 1703 of such title is amended—
(A) by striking out subsections (a) and (b); and
(B) in subsection (c) by—
(i) striking out ‘‘(c)’’, and
(ii) striking out ‘‘this section, sections’’
and inserting in lieu thereof ‘‘sections 1710,’’.
(2)(A) The heading of such section is amended to
read as follows:
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‘‘§ 1703. Annual report on furnishing of care and
services by contract’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 17 of such title is
amended to read as follows:
‘‘1703. Annual report on furnishing of care and services by contract.’’.
SEC. 11035. IMPROVED EFFICIENCY IN HEALTH CARE RE-
SOURCE MANAGEMENT.
(a) REPEAL OF SUNSET PROVISION.—Section 204 of
the Veterans Health Care Act of 1992 (Public Law 102–
585; 106 Stat. 4950) is repealed.
(b) COST RECOVERY.—Title II of such Act is further
amended by adding at the end the following new section:
‘‘SEC. 207. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS.
‘‘(a) RIGHT TO RECOVER.—In the case of a primary
beneficiary (as described in section 201(2)(B)) who has
coverage under a health-plan contract, as defined in sec-
tion 1729(i)(1)(A) of title 38, United States Code, and
who is furnished care or services by a Department medical
facility pursuant to this title, the United States shall have
the right to recover or collect charges for such care or
services from such health-plan contract to the extent that
the beneficiary (or the provider of the care or services)
would be eligible to receive payment for such care or serv-
ices from such health-plan contract if the care or services
had not been furnished by a department or agency of the
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United States. Any funds received from such health-plan
contract shall be credited to funds that have been allotted
to the facility that furnished the care or services.
‘‘(b) ENFORCEMENT.—The right of the United
States to recover under such a beneficiary’s health-plan
contract shall be enforceable in the same manner as that
provided by subsections (a)(3), (b), (c)(1), (d), (f), (h),
and (i) of section 1729 of title 38, United States Code.’’.
SEC. 11036. SHARING AGREEMENTS FOR SPECIALIZED MED-
ICAL RESOURCES.
(a) REPEAL OF SECTION 8151.—(1) Subchapter IV
of chapter 81 of title 38, United States Code, is amend-
ed—
(A) by striking out section 8151; and
(B) by redesignating sections 8152, 8153,
8154, 8155, 8156, 8157, and 8158 as sections 8151,
8152, 8153, 8154, 8155, 8156, and 8157, respec-
tively.
(2) The table of sections at the beginning of chapter
81 is amended—
(A) by striking out the item relating to section
8151; and
(B) by revising the items relating to sections
8152, 8153, 8154, 8155, 8156, 8157, and 8158 to
reflect the redesignations by paragraph (1)(B).
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follows through ‘‘to such facility therefor’’ and in-
serting in lieu thereof ‘‘preclude such payment to
such facility for such care or services’’;
(5) by redesignating subsection (e) as sub-
section (f); and
(6) by inserting after subsection (d) the follow-
ing new subsection (e):
‘‘(e) The Secretary may make an arrangement that
authorizes the furnishing of services by the Secretary
under this section to individuals who are not veterans only
if the Secretary determines—
‘‘(1) that such an arrangement will not result
in the denial of, or a delay in providing access to,
care to any veteran at that facility; and
‘‘(2) that such an arrangement—
‘‘(A) is necessary to maintain an accept-
able level and quality of service to veterans at
that facility; or
‘‘(B) will result in the improvement of
services to eligible veterans at that facility.’’.
(c) CROSS-REFERENCE AMENDMENTS.—(1) Section
8110(c)(3)(A) of such title is amended by striking out
‘‘8153’’ and inserting in lieu thereof ‘‘8152’’.
(2) Subsection (b) of section 8154 of such title (as
redesignated by subsection (a)(1)(B)) is amended by strik-
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ing out ‘‘section 8154’’ and inserting in lieu thereof ‘‘sec-
tion 8153’’.
(3) Section 8156 of such title (as redesignated by
subsection (a)(1)(B)) is amended—
(A) in subsection (a), by striking out ‘‘section
8153(a)’’ and inserting in lieu thereof ‘‘section
8152(a)’’; and
(B) in subsection (b)(3), by striking out ‘‘sec-
tion 8153’’ and inserting in lieu thereof ‘‘section
8152’’.
(4) Subsection (a) of section 8157 of such title (as
redesignated by subsection (a)(1)(B)) is amended—
(A) in the matter preceding paragraph (1), by
striking out ‘‘section 8157’’ and ‘‘section 8153(a)’’
and inserting in lieu thereof ‘‘section 8156’’ and
‘‘section 8152(a)’’, respectively; and
(B) in paragraph (1), by striking out ‘‘section
8157(b)(4)’’ and inserting in lieu thereof ‘‘section
8156(b)(4)’’.
SEC. 11037. PERSONNEL FURNISHING SHARED RESOURCES.
Section 712(b)(2) of title 38, United States Code, is
amended—
(1) by striking out ‘‘the sum of—’’ and insert-
ing in lieu thereof ‘‘the sum of the following:’’;
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(2) by capitalizing the first letter of the first
word of each of subparagraphs (A) and (B);
(3) by striking out ‘‘; and’’ at the end of sub-
paragraph (A) and inserting in lieu thereof a period;
and
(4) by adding at the end the following:
‘‘(C) The number of such positions in the
Department during that fiscal year held by per-
sons involved in providing health-care resources
under section 8111 or 8152 of this title.’’.
TITLE XII—TRADE
Subtitle A—Technical Corrections
and Miscellaneous Trade Provi-
sions
SEC. 12001. PAYMENT OF DUTIES AND FEES.
(a) INTEREST ACCRUAL.—Section 505(c) of the Tar-
iff Act of 1930 (19 U.S.C. 1505(c)) is amended in the
second sentence by inserting after ‘‘duties, fees, and inter-
est’’ the following: ‘‘or, in a case in which a claim is made
under section 520(d), from the date on which such claim
is made,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to claims made pursuant to sec-
tion 520(d) of the Tariff Act of 1930 on or after April
25, 1995.
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SEC. 12002. OTHER TECHNICAL AND CONFORMING AMEND-
MENTS.
(a) EXAMINATION OF BOOKS AND WITNESSES.—Sec-
tion 509(a)(2) of the Tariff Act of 1930 (19 U.S.C.
1509(a)(2)) is amended by striking ‘‘(c)(1)(A)’’ and in-
serting ‘‘(d)(1)(A)’’.
(b) REQUIREMENT FOR CERTIFICATE FOR IMPORTA-
TION OF ALCOHOLIC LIQUORS IN SMALL VESSELS.—Sec-
tion 7 of the Act of August 5, 1935 (19 U.S.C. 1707;
49 Stat. 520), is repealed.
(c) MANIFESTS.—Section 431(c)(1) of the Tariff Act
of 1930 (19 U.S.C. 1431(c)(1)) is amended in the matter
preceding subparagraph (A) by striking ‘‘such manifest’’
and inserting ‘‘a vessel manifest’’.
(d) DOCUMENTATION
FOR ENTRY
OF MERCHAN-
DISE.—Section 484(a)(1) of the Tariff Act of 1930 (19
U.S.C. 1484(a)(1)) is amended in the matter preceding
subparagraph (A) by striking ‘‘553, and 336(j)’’ and in-
serting ‘‘and 553’’.
(e) PENALTIES FOR CERTAIN VIOLATIONS.—Section
592 of the Tariff Act of 1930 (19 U.S.C. 1592) is amend-
ed—
(1) in subsection (a)(1), by striking ‘‘lawful
duty’’ and inserting ‘‘lawful duty, tax, or fee’’; and
(2) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii),
(c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by striking
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‘‘lawful duties’’ each place it appears and inserting
‘‘lawful duties, taxes, and fees’’.
(f) DEPRIVATION OF LAWFUL DUTIES, TAXES, OR
FEES.—Section 592(d) of the Tariff Act of 1930 (19
U.S.C. 1592(d)) is amended by striking ‘‘or fees be re-
stored’’ and inserting ‘‘and fees be restored’’.
(g) RECONCILIATION TREATED AS ENTRY FOR REC-
ORDKEEPING.—
(1) Section 401(s) of the Tariff Act of 1930
(19 U.S.C. 1401(s)) is amended by inserting ‘‘rec-
ordkeeping,’’ after ‘‘reliquidation,’’.
(2) Section 508(c)(1) of such Act (19 U.S.C.
1508(c)(1)) is amended by inserting ‘‘, filing of a
reconciliation,’’ after ‘‘entry’’.
(h) EXTENSION OF LIQUIDATION.—Section 504(d) of
the Tariff Act of 1930 (19 U.S.C. 1504(d)) is amended
by inserting ‘‘, unless liquidation is extended under sub-
section (b),’’ after ‘‘shall liquidate the entry’’.
(i) EXEMPTION FROM DUTY FOR PERSONAL AND
HOUSEHOLD GOODS ACCOMPANYING RETURNING RESI-
DENTS.—Section 321(a)(2)(B) of the Tariff Act of 1930
(19 U.S.C. 1321(a)(2)(B)) is amended by inserting ‘‘,
9804.00.65,’’ after ‘‘9804.00.30’’.
(j) DEBT COLLECTION.—Section 631(a) of the Tariff
Act of 1930 (19 U.S.C. 1631(a)) is amended—
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(1) by inserting after ‘‘law,’’ the following: ‘‘in-
cluding section 3302 of title 31, United States Code,
and subchapters I and II of chapter 37 of such
title,’’; and
(2) by inserting ‘‘and the expenses associated
with recovering such indebtedness,’’ after ‘‘Govern-
ment,’’.
(k) EXAMINATION OF BOOKS AND WITNESSES.—Sec-
tion 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b))
is amended in paragraphs (3) and (4) by striking ‘‘appro-
priate regional commissioner’’ and inserting ‘‘officer des-
ignated pursuant to regulations’’.
(l) REVIEW OF PROTESTS.—Section 515(d) of the
Tariff Act of 1930 (19 U.S.C. 1515(d)) is amended by
striking ‘‘district director’’ and inserting ‘‘port director’’.
(m) EFFECTIVE DATE.—The amendments made by
this section apply as of December 8, 1993.
SEC. 12003. CLARIFICATION REGARDING THE APPLICATION
OF CUSTOMS USER FEES.
(a) IN GENERAL.—Subparagraph (D) of section
13031(b)(8) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(b)(8)(D)) is
amended—
(1) in clause (iv)—
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(A) by striking ‘‘subparagraph 9802.00.80
of such Schedules’’ and inserting ‘‘heading
9802.00.80 of such Schedule’’; and
(B) by striking ‘‘and’’ at the end of clause
(iv);
(2) by striking the period at the end of clause
(v) and inserting ‘‘; and’’; and
(3) by inserting after clause (v) the following
new clause:
‘‘(vi) in the case of merchandise entered from
a foreign trade zone (other than merchandise to
which clause (v) applies), be applied only to the
value of the privileged or nonprivileged foreign sta-
tus merchandise under section 3 of the Act of June
18, 1934 (commonly known as the Foreign Trade
Zones Act, 19 U.S.C. 81c).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) apply to—
(1) any entry made from a foreign trade zone
on or after the 15th day after the date of the enact-
ment of this Act; and
(2) any entry made from a foreign trade zone
after November 30, 1986, and before such 15th day
if liquidation of the entry was not final before such
15th day.
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(c) APPLICATION OF FEES TO CERTAIN AGRICUL-
TURAL PRODUCTS.—The amendment made by section
111(b)(2)(D)(iv) of the Customs and Trade Act of 1990
shall apply to—
(1) any entry made from a foreign trade zone
on or after the 15th day after the date of the enact-
ment of this Act; and
(2) any entry made from a foreign trade zone
after November 30, 1986, and before such 15th day
if the liquidation of the entry was not final before
such 15th day.
SEC. 12004. TECHNICAL AMENDMENT TO THE CUSTOMS
AND TRADE ACT OF 1990.
Subsection (b) of section 484H of the Customs and
Trade Act of 1990 (19 U.S.C. 1553 note) is amended by
striking ‘‘, or withdrawn from warehouse for consump-
tion,’’ and inserting ‘‘for transportation in bond’’.
SEC. 12005. TECHNICAL AMENDMENTS REGARDING CER-
TAIN BENEFICIARY COUNTRIES.
(a) CARIBBEAN BASIN ECONOMIC RECOVERY ACT.—
Section 213(h)(1) of the Caribbean Basin Economic Re-
covery Act (19 U.S.C. 2703(h)(1)) is amended by adding
at the end thereof the following flush sentence:
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‘‘The duty reductions provided for under this paragraph
shall not apply to textile and apparel articles which are
subject to textile agreements.’’.
(b) ANDEAN TRADE PREFERENCE ACT.—Section
204(c)(1) of the Andean Trade Preference Act (19 U.S.C.
3203(c)(1)) is amended by adding at the end thereof the
following flush sentence:
‘‘The duty reductions provided for under this paragraph
shall not apply to textile and apparel articles which are
subject to textile agreements.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section apply with respect to—
(1) articles entered, or withdrawn from ware-
house for consumption, on or after the 15th day
after the date of the enactment of this Act, and
(2) articles entered after December 31, 1991,
and before such 15th day, if the liquidation of the
entry of such articles was not final before such 15th
day.
SEC. 12006. CLARIFICATION OF FEES FOR CERTAIN CUS-
TOMS SERVICES.
(a) IN GENERAL.—Section 13031(b)(9)(A) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(9)(A)) is amended—
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(1) by striking ‘‘centralized hub facility or’’ in
clause (i); and
(2) in clause (ii)—
(A) by striking ‘‘facility—’’ and inserting
‘‘facility or centralized hub facility—’’,
(B) by striking ‘‘customs inspectional’’ in
subclause (I), and
(C) by striking ‘‘at the facility’’ in
subclause (I) and inserting ‘‘for the facility’’.
(b) DEFINITIONS.—Section 13031(b)(9)(B)(i) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(9)(B)(i)) is amended—
(1) by striking ‘‘, as in effect on July 30,
1990’’, and
(2) by adding at the end thereof the following
new sentence: ‘‘Nothing in this paragraph shall be
construed as prohibiting the Secretary of the Treas-
ury from processing merchandise that is informally
entered or released at any centralized hub facility or
express consignment carrier facility during the nor-
mal operating hours of the Customs Service, subject
to reimbursement and payment under subparagraph
(A).’’.
(c) CITATION.—Section 13031(b)(9)(B)(ii) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
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(19 U.S.C. 58c(b)(9)(B)(ii)) is amended by striking ‘‘sec-
tion 236 of the Tariff and Trade Act of 1984’’ and insert-
ing ‘‘section 236 of the Trade and Tariff Act of 1984’’.
SEC. 12007. SPECIAL RULE FOR EXTENDING TIME FOR FIL-
ING DRAWBACK CLAIMS.
Section 313(r) of the Tariff Act of 1930 (19 U.S.C.
1313(r)) is amended by adding at the end the following:
‘‘(3)(A)(i) Subject to clause (ii), the Customs
Service may, notwithstanding the limitation set forth
in paragraph (1), extend the time for filing a draw-
back claim for a period not to exceed 18 months,
if—
‘‘(I) the claimant establishes to the satis-
faction of the Customs Service that the claim-
ant was unable to file the drawback claim be-
cause of an event declared by the President to
be a major disaster on or after January 1,
1994; and
‘‘(II) the claimant files a request for such
extension with the Customs Service within one
year from the last day of the 3-year period re-
ferred to in paragraph (1).
‘‘(ii) In the case of a major disaster occurring
on or after January 1, 1994, and before the date of
the enactment of this paragraph—
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‘‘(I) the Customs Service may extend the
time for filing the drawback claim for a period
not to exceed 1 year; and
‘‘(II) the request under clause (i)(II) must
be filed not later than 1 year from the date of
the enactment of this paragraph.
‘‘(B) If an extension is granted with respect to
a request filed under this paragraph, the periods of
time for retaining records set forth in subsection (t)
of this section and section 508(c)(3) shall be ex-
tended for an additional 18 months or, in a case to
which subparagraph (A)(ii) applies, for a period not
to exceed 1 year from the date the claim is filed.
‘‘(C) For purposes of this paragraph, the term
‘major disaster’ has the meaning given that term in
section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5122(2)).’’.
SEC. 12008. TREATMENT OF CERTAIN ENTRIES.
(a) LIQUIDATION OR RELIQUIDATION OF ENTRIES.—
Notwithstanding sections 514 and 520 of the Tariff Act
of 1930 (19 U.S.C. 1514 and 1520), and any other provi-
sion of law, the United States Customs Service shall liq-
uidate or reliquidate those entry numbers made at New
York, New York, which are listed in subsection (c), in ac-
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cordance with the final results of the administrative re-
view, covering the period from May 1, 1984, through
March 31, 1985, undertaken by the International Trade
Administration of the Department of Commerce for such
entries (case number A–580–008).
(b) PAYMENT OF AMOUNTS OWED.—Any amounts
owed by the United States pursuant to the liquidation or
reliquidation of an entry under subsection (a) shall be paid
by the Customs Service within 90 days after such liquida-
tion or reliquidation.
(c) ENTRY LIST.—The entries referred to in sub-
section (a) are the following:
Entry Number
Date of Entry
84–4426808 ...............................................................
August 29, 1984
84–4427823 ...............................................................
September 4, 1984
84–4077985 ...............................................................
July 25, 1984
84–4080859 ...............................................................
August 3, 1984
84–4080817 ...............................................................
August 3, 1984
84–4077723 ...............................................................
August 1, 1984
84–4075194 ...............................................................
July 10, 1984
84–4076481 ...............................................................
July 17, 1984
84–4080930 ...............................................................
August 9, 1984.
SEC. 12009. TEMPORARY DUTY SUSPENSION FOR PER-
SONAL EFFECTS OF PARTICIPANTS IN CER-
TAIN WORLD ATHLETIC EVENTS.
(a) IN GENERAL.—Subchapter II of chapter 99 of
the Harmonized Tariff Schedule of the United States is
amended by inserting in numerical sequence the following
new heading:
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‘‘
9902.98.05
Any of the follow-
ing articles not in-
tended for sale or
distribution to the
public: personal ef-
fects of aliens who
are participants in,
officials of, or ac-
credited members
of delegations to,
the 1998 Goodwill
Games, and of per-
sons who are im-
mediate family
members of or
servants to any of
the foregoing per-
sons; equipment
and materials im-
ported in connec-
tion with the fore-
going event by or
on behalf of the
foregoing persons
or the organizing
committee of such
event; articles to be
used in exhibitions
depicting the cul-
ture of a country
participating in
such event; and, if
consistent with the
foregoing, such
other articles as
the Secretary of
the Treasury may
allow ......................
Free
No change
Free
On or before
2/1/99
’’.
(b) TAXES AND FEES NOT TO APPLY.—The articles
described in heading 9902.98.05 of the Harmonized Tariff
Schedule of the United States (as added by subsection (a))
shall be free of taxes and fees which may be otherwise
applicable.
(c) EFFECTIVE DATE.—The amendment made by
this section applies to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after
the date of the enactment of this Act.
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SEC. 12010. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) 
DRAWBACK
AND
REFUNDS.—Section
313(s)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1313(s)(2)(B)) is amended by striking ‘‘successor’’ the
first place it appears and inserting ‘‘predecessor’’.
(b) TRADE ACT OF 1974.—Section 301(c)(4) of the
Trade Act of 1974 (19 U.S.C. 2411(c)(4)) is amended by
striking ‘‘(1)(C)(iii)’’ and inserting ‘‘(1)(D)(iii)’’.
SEC. 12011. URUGUAY ROUND AGREEMENTS ACT.
Section 405(b) of the Uruguay Round Agreements
Act (19 U.S.C. 3602(b)) is amended—
(1) in paragraph (1) by striking ‘‘1(a)’’ and in-
serting ‘‘1(b)’’; and
(2) in paragraph (2) by striking ‘‘1(b)’’ and in-
serting ‘‘1(a)’’.
SEC. 12012. FILING OF CERTIFICATIONS FOR CIVIL AIR-
CRAFT PARTS.
General Note 6 of the Harmonized Tariff Schedule
of the United States is amended—
(1) by inserting ‘‘or electronic’’ after ‘‘shall file
a written’’; and
(2) by striking ‘‘with the appropriate customs
officer’’ and inserting ‘‘with the United States Cus-
toms Service’’.
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SEC. 12013. EXEMPTION REGARDING CERTAIN VESSEL RE-
PAIRS.
(a) TEMPORARY EXEMPTION EXTENDED.—Section
484E(b)(2)(B) of the Customs and Trade Act of 1990 (19
U.S.C. 1466 note) is amended by striking ‘‘December 31,
1992’’ and inserting ‘‘December 31, 1994’’.
(b) EFFECTIVE DATE.—The amendment made by
this section applies to any entry made after December 31,
1992, and before January 1, 1995.
SEC. 12014. FEES FOR CERTAIN CUSTOMS SERVICES.
(a) IN GENERAL.—Section 13031(a)(5) of the Con-
solidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) is amended—
(1) in subparagraph (A), by inserting ‘‘a place’’
after ‘‘aircraft from’’; and
(2) in subparagraph (B), by striking ‘‘sub-
section 
(b)(1)(A)’’ 
and 
inserting 
‘‘subsection
(b)(1)(A)(i)’’.
(b) LIMITATION ON FEES.—Section 13031(b)(1) of
the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(b)(1)) is amended to read as follows:
‘‘(b) LIMITATIONS ON FEES.—(1)(A) No fee may be
charged under subsection (a) of this section for customs
services provided in connection with—
‘‘(i) the arrival of any passenger whose jour-
ney—
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‘‘(I) originated in—
‘‘(aa) Canada,
‘‘(bb) Mexico,
‘‘(cc) a territory or possession of the
United States, or
‘‘(dd) any adjacent island (within the
meaning of section 101(b)(5) of the Immi-
gration and Nationality Act (8 U.S.C.
1101(b)(5))), or
‘‘(II) originated in the United States and
was limited to—
‘‘(aa) Canada,
‘‘(bb) Mexico,
‘‘(cc) territories and possessions of the
United States, and
‘‘(dd) such adjacent islands;
‘‘(ii) the arrival of any railroad car the journey
of which originates and terminates in the same
country, but only if no passengers board or dis-
embark from the train and no cargo is loaded or un-
loaded from such car while the car is within any
country other than the country in which such car
originates and terminates;
‘‘(iii) the arrival of any ferry; or
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‘‘(iv) the arrival of any passenger on board a
commercial vessel traveling only between ports which
are within the customs territory of the United
States.
‘‘(B) The exemption provided for in subparagraph
(A) shall not apply in the case of the arrival of any pas-
senger on board a commercial vessel whose journey origi-
nates and terminates at the same place in the United
States if there are no intervening stops.
‘‘(C) The exemption provided for in subparagraph
(A)(i) shall not apply to fiscal years 1994, 1995, 1996,
and 1997.’’.
(c) 
FEE
ASSESSED
ONLY
ONCE.—Section
13031(b)(4) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(b)(4)) is amend-
ed—
(1) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(2) by striking ‘‘No fee’’ and inserting ‘‘(A) No
fee’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(B) In the case of a commercial vessel making a
single voyage involving 2 or more United States ports with
respect to which the passengers would otherwise be
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charged a fee pursuant to subsection (a)(5), such fee shall
be charged only 1 time for each passenger.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the amend-
ments made by section 521 of the North American Free
Trade Agreement Implementation Act.
SEC. 12015. TECHNICAL CORRECTION TO CERTAIN CHEMI-
CAL DESCRIPTION.
(a) AMENDMENT TO SUBHEADING 2933.90.02.—The
article description for subheading 2933.90.02 of the Har-
monized Tariff Schedule of the United States is amended
by striking ‘‘(Quizalofop ethyl)’’.
(b) EFFECTIVE DATE.—
(1) GENERAL RULE.—The amendment made by
this section applies to articles entered, or withdrawn
from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act.
(2) RETROACTIVE
PROVISION.—Notwithstand-
ing section 514 of the Tariff Act of 1930 or any
other provision of law, upon proper request (which
includes sufficient information to identify and locate
the entry) filed with the Customs Service on or be-
fore the date that is 180 days after the date of the
enactment of this Act, any entry, or withdrawal
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from warehouse for consumption, of an article that
occurred—
(A) after December 31, 1994, and before
the date that is 15 days after the date of the
enactment of this Act, and
(B) with respect to which there would have
been no duty or a lesser duty if the amendment
made by subsection (a) applied to such entry or
withdrawal,
shall be liquidated or reliquidated as though such
amendment applied to such entry or withdrawal.
SEC. 12016. MARKING OF IMPORTED ARTICLES AND CON-
TAINERS.
(a) IN GENERAL.—Section 304 of the Tariff Act of
1930 (19 U.S.C.1304) is amended—
(1) by redesignating subsections (f), (g), (h),
and (i) as subsections (i), (j), (k), and (l), respec-
tively, and
(2) by inserting after subsection (e) the follow-
ing new subsections:
‘‘(f) MARKING OF METAL FORGINGS.—The marking
requirements of subsections (a) and (b) shall not apply
to—
‘‘(1) metal forgings that—
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‘‘(A) are imported for processing into fin-
ished hand tools in the United States, and
‘‘(B) have not been improved in condition
beyond rough burring, trimming, grinding,
turning, hammering, chiseling, or filing; and
‘‘(2) hand tools made from metal forgings de-
scribed in paragraph (1).
‘‘(g) MARKING OF CERTAIN COFFEE AND TEA PROD-
UCTS.—The marking requirements of subsections (a) and
(b) shall not apply to articles described in subheading
0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40,
2101.10, or 2101.20 of the Harmonized Tariff Schedule
of the United States, as in effect on January 1, 1995.
‘‘(h) MARKING OF SPICES.—The marking require-
ments of subsections (a) and (b) shall not apply to articles
provided for under subheadings 0904.11, 0904.12,
0904.20, 0905.00, 0906.10, 0906.20, 0907.00, 0908.10,
0908.20, 0908.30, 0909.10, 0909.20, 0909.30, 0909.40,
0909.50, 0910.10, 0910.20, 0910.30, 0910.40, 0910.50,
0910.91, 0910.99, 1106.20, 1207.40, 1207.50, 1207.91,
1404.90, and 3302.10, and items classifiable in categories
0712.90.60, 0712.90.8080, 1209.91.2000, 1211.90.2000,
1211.90.8040, 
1211.90.8050, 
1211.90.8090,
2006.00.3000, 
2918.13.2000, 
3203.00.8000,
3301.90.1010, 3301.90.1020, and 3301.90.1050 of the
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Harmonized Tariff Schedule of the United States, as in
effect on January 1, 1995.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section apply to goods entered, or withdrawn from
warehouse for consumption, on or after the date of the
enactment of this Act.
SEC. 12017. RELIQUIDATING ENTRY OF WARP KNITTING
MACHINES.
Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, upon
proper request filed with the Customs Service before the
180th day after the date of the enactment of this Act,
the Secretary of the Treasury shall—
(1) liquidate or reliquidate as duty free Entry
No. 100–3022436–3, made on July 12, 1989, at the
port of Charleston, South Carolina; and
(2) refund any duties and interest paid with re-
spect to such entry.
SEC. 12018. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES.
Section 310(a)(1) of the Trade Act of 1974 (19
U.S.C. 2420(a)(1)) is amended by striking ‘‘calendar year
1995’’ and inserting ‘‘each of calendar years 1995 through
2000’’.
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Subtitle B—Generalized System of
Preferences
SEC. 12101. SHORT TITLE.
This subtitle may be cited as the ‘‘GSP Renewal Act
of 1995’’.
SEC. 12102. GENERALIZED SYSTEM OF PREFERENCES.
(a) IN GENERAL.—Title V of the Trade Act of 1974
is amended to read as follows:
‘‘TITLE V—GENERALIZED
SYSTEM OF PREFERENCES
‘‘SEC. 501. AUTHORITY TO EXTEND PREFERENCES.
‘‘The President may provide duty-free treatment for
any eligible article from any beneficiary developing coun-
try in accordance with the provisions of this title. In tak-
ing any such action, the President shall have due regard
for—
‘‘(1) the effect such action will have on further-
ing the economic development of developing coun-
tries through the expansion of their exports;
‘‘(2) the extent to which other major developed
countries are undertaking a comparable effort to as-
sist developing countries by granting generalized
preferences with respect to imports of products of
such countries;
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‘‘(3) the anticipated impact of such action on
United States producers of like or directly competi-
tive products; and
‘‘(4) the extent of the beneficiary developing
country’s competitiveness with respect to eligible ar-
ticles.
‘‘SEC. 502. DESIGNATION OF BENEFICIARY DEVELOPING
COUNTRIES.
‘‘(a) AUTHORITY TO DESIGNATE COUNTRIES.—
‘‘(1) BENEFICIARY DEVELOPING COUNTRIES.—
The President is authorized to designate countries
as beneficiary developing countries for purposes of
this title.
‘‘(2) LEAST-DEVELOPED BENEFICIARY DEVEL-
OPING COUNTRIES.—The President is authorized to
designate any beneficiary developing country as a
least-developed beneficiary developing country for
purposes of this title, based on the considerations in
section 501 and subsection (c) of this section.
‘‘(b) COUNTRIES INELIGIBLE FOR COUNTRY DES-
IGNATION.—
‘‘(1) 
SPECIFIC
COUNTRIES.—The 
following
countries may not be designated as beneficiary devel-
oping countries for purposes of this title:
‘‘(A) Australia.
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‘‘(B) Canada.
‘‘(C) European Union member states.
‘‘(D) Iceland.
‘‘(E) Japan.
‘‘(F) Monaco.
‘‘(G) New Zealand.
‘‘(H) Norway.
‘‘(I) Switzerland.
‘‘(2) OTHER BASES FOR INELIGIBILITY.—The
President shall not designate any country a bene-
ficiary developing country under this title if any of
the following applies:
‘‘(A) Such country is a Communist coun-
try, unless—
‘‘(i) the products of such country re-
ceive nondiscriminatory treatment,
‘‘(ii) such country is a WTO Member
(as such term is defined in section 2 of the
Uruguay Round Agreements Act,) and a
member of the International Monetary
Fund, and
‘‘(iii) such country is not dominated
or controlled by international communism.
‘‘(B) Such country is a party to an ar-
rangement of countries and participates in any
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action pursuant to such arrangement, the effect
of which is—
‘‘(i) to withhold supplies of vital com-
modity resources from international trade
or to raise the price of such commodities
to an unreasonable level, and
‘‘(ii) to cause serious disruption of the
world economy.
‘‘(C) Such country affords preferential
treatment to the products of a developed coun-
try, other than the United States, which has, or
is likely to have, a significant adverse effect on
United States commerce.
‘‘(D)(i) Such country—
‘‘(I) has nationalized, expropriated, or
otherwise seized ownership or control of
property, including patents, trademarks, or
copyrights, owned by a United States citi-
zen or by a corporation, partnership, or as-
sociation which is 50 percent or more ben-
eficially owned by United States citizens,
‘‘(II) has taken steps to repudiate or
nullify an existing contract or agreement
with a United States citizen or a corpora-
tion, partnership, or association which is
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50 percent or more beneficially owned by
United States citizens, the effect of which
is to nationalize, expropriate, or otherwise
seize ownership or control of property, in-
cluding patents, trademarks, or copyrights,
so owned, or
‘‘(III) has imposed or enforced taxes
or other exactions, restrictive maintenance
or operational conditions, or other meas-
ures with respect to property, including
patents, trademarks, or copyrights, so
owned, the effect of which is to nationalize,
expropriate, or otherwise seize ownership
or control of such property,
unless clause (ii) applies.
‘‘(ii) This clause applies if the President
determines that—
‘‘(I) prompt, adequate, and effective
compensation has been or is being made to
the citizen, corporation, partnership, or as-
sociation referred to in clause (i),
‘‘(II) good faith negotiations to pro-
vide prompt, adequate, and effective com-
pensation under the applicable provisions
of international law are in progress, or the
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country described in clause (i) is otherwise
taking steps to discharge its obligations
under international law with respect to
such citizen, corporation, partnership, or
association, or
‘‘(III) a dispute involving such citizen,
corporation, partnership, or association
over compensation for such a seizure has
been submitted to arbitration under the
provisions of the Convention for the Settle-
ment of Investment Disputes, or in an-
other mutually agreed upon forum,
and the President promptly furnishes a copy of
such determination to the Senate and House of
Representatives.
‘‘(E) Such country fails to act in good
faith in recognizing as binding or in enforcing
arbitral awards in favor of United States citi-
zens or a corporation, partnership, or associa-
tion which is 50 percent or more beneficially
owned by United States citizens, which have
been made by arbitrators appointed for each
case or by permanent arbitral bodies to which
the parties involved have submitted their dis-
pute.
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‘‘(F) Such country aids or abets, by grant-
ing sanctuary from prosecution to, any individ-
ual or group which has committed an act of
international terrorism.
‘‘(G) Such country has not taken or is not
taking steps to afford internationally recognized
worker rights to workers in the country (includ-
ing any designated zone in that country).
Subparagraphs (D), (E), (F), and (G) shall not pre-
vent the designation of any country as a beneficiary
developing country under this title if the President
determines that such designation will be in the na-
tional economic interest of the United States and re-
ports such determination to the Congress with the
reasons therefor.
‘‘(c) FACTORS
AFFECTING
COUNTRY
DESIGNA-
TION.—In determining whether to designate any country
as a beneficiary developing country under this title, the
President shall take into account—
‘‘(1) an expression by such country of its desire
to be so designated;
‘‘(2) the level of economic development of such
country, including its per capita gross national prod-
uct, the living standards of its inhabitants, and any
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other economic factors which the President deems
appropriate;
‘‘(3) the extent to which other major developed
countries are extending generalized preferential tar-
iff treatment to such country;
‘‘(4) the extent to which such country has as-
sured the United States that it will provide equitable
and reasonable access to the markets and basic com-
modity resources of such country and the extent to
which such country has assured the United States
that it will refrain from engaging in unreasonable
export practices;
‘‘(5) whether such country is providing ade-
quate and effective protection of intellectual property
rights;
‘‘(6) the extent to which such country has taken
action to—
‘‘(A) reduce trade distorting investment
practices and policies (including export per-
formance requirements); and
‘‘(B) reduce or eliminate barriers to trade
in services;
‘‘(7) whether or not such country has taken or
is taking steps to afford to workers in that country
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(including any designated zone in that country)
internationally recognized worker rights; and
‘‘(8) the extent to which such country fails to
cooperate with the United States in preventing the
proliferation of nuclear weapons, nuclear weapons
components, and nuclear weapons delivery systems,
or in preventing illegal drug trafficking.
A country may be found to not provide adequate and effec-
tive protection of intellectual property rights under para-
graph (5) and section 503(d)(2)(B), notwithstanding the
fact that it may be in compliance with the specific obliga-
tions of the Agreement on Trade-Related Aspects of Intel-
lectual Property Rights referred to in section 101(d)(15)
of the Uruguay Round Agreements Act.
‘‘(d) WITHDRAWAL, SUSPENSION, OR LIMITATION OF
COUNTRY DESIGNATION.—
‘‘(1) IN GENERAL.—The President may with-
draw, suspend, or limit the application of the duty-
free treatment accorded under this title with respect
to any country. Except in exceptional circumstances,
the President, before taking any action under this
subsection, shall provide a period for the submission
of public comments on the matter under consider-
ation, and in taking any action under this sub-
section, the President shall consider the factors set
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forth in section 501 and subsection (c) of this sec-
tion, and comments received from the public.
‘‘(2) CHANGED
CIRCUMSTANCES.—The Presi-
dent shall, after complying with the requirements of
subsection (f)(2), withdraw or suspend the designa-
tion of any country as a beneficiary developing coun-
try if, after such designation, the President deter-
mines that as the result of changed circumstances
such country would be barred from designation as a
beneficiary developing country under subsection
(b)(2). Such country shall cease to be a beneficiary
developing country on the day on which the Presi-
dent issues an Executive order or Presidential proc-
lamation revoking the designation of such country
under this title.
‘‘(e) MANDATORY GRADUATION
OF BENEFICIARY
DEVELOPING COUNTRIES.—If the President determines
that a beneficiary developing country has become a ‘high
income’ country, as defined by the official statistics of the
International Bank for Reconstruction and Development,
then the President shall terminate the designation of such
country as a beneficiary developing country for purposes
of this title, effective on January 1 of the second year fol-
lowing the year in which such determination is made.
‘‘(f) CONGRESSIONAL NOTIFICATION.—
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‘‘(1) NOTIFICATION OF DESIGNATION.—
‘‘(A) IN GENERAL.—Before the President
designates any country as a beneficiary develop-
ing country under this title, the President shall
notify the Congress of the President’s intention
to make such designation, together with the
considerations entering into such decision.
‘‘(B) DESIGNATION AS LEAST-DEVELOPED
BENEFICIARY DEVELOPING COUNTRY.—At least
60 days before the President designates any
country as a least-developed beneficiary develop-
ing country, the President shall notify the Con-
gress of the President’s intention to make such
designation.
‘‘(2) NOTIFICATION OF TERMINATION.—If the
President has designated any country as a bene-
ficiary developing country under this title, the Presi-
dent shall not terminate such designation unless, at
least 60 days before such termination, the President
has notified the Congress and has notified such
country of the President’s intention to terminate
such designation, together with the considerations
entering into such decision.
‘‘SEC. 503. DESIGNATION OF ELIGIBLE ARTICLES.
‘‘(a) ELIGIBLE ARTICLES.—
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‘‘(1) DESIGNATION.—
‘‘(A) IN GENERAL.—Except as provided in
subsection (b), the President is authorized to
designate articles as eligible articles for all ben-
eficiary developing countries for purposes of
this title by Executive order or Presidential
proclamation after receiving the advice of the
International Trade Commission in accordance
with subsection (e).
‘‘(B) LEAST-DEVELOPED BENEFICIARY DE-
VELOPING COUNTRIES.—Except as provided in
subsection (b), the President is authorized to
designate additional articles as eligible articles
only for countries designated as least-developed
beneficiary developing countries under section
502(a)(2) if, after receiving the advice of the
International Trade Commission in accordance
with subsection (e) of this section, the Presi-
dent determines that such articles are not im-
port-sensitive in the context of imports from
least-developed beneficiary developing countries.
‘‘(C) THREE-YEAR RULE.—If, after receiv-
ing the advice of the International Trade Com-
mission under subsection (e), an article has
been formally considered for designation as an
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ing: ‘‘(as in effect on the day before the date
of the enactment of the GSP Renewal Act of
1995)’’.
(2) Section 203(c)(7) of the Andean Trade
Preference Act (19 U.S.C. 3202(c)(7)) is amended
by striking ‘‘502(a)(4)’’ and inserting ‘‘506(4)’’.
(3) Section 212(b)(7) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(b)(7)) is
amended by striking ‘‘502(a)(4)’’ and inserting
‘‘506(4)’’.
(4) General note 3(a)(iv)(C) of the Harmonized
Tariff Schedule of the United States is amended by
striking ‘‘sections 503(b) and 504(c)’’ and inserting
‘‘subsections (a), (c), and (d) of section 503’’.
(b) OTHER LAWS.—
(1) Section 871(f)(2)(B) of the Internal Reve-
nue Code of 1986 is amended by striking ‘‘within
the meaning of section 502’’ and inserting ‘‘under
title V’’.
(2) Section 2202(8) of the Export Enhance-
ment Act of 1988 (15 U.S.C. 4711(8)) is amended
by striking ‘‘502(a)(4)’’ and inserting ‘‘506(4)’’.
(3) Section 231A(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191a(a)) is amended—