444
eligible to receive services under title XIX of the Social
Security Act, the number of Indians actually receiving
such services, and the effect upon Indians of eliminating
the entitlement status of title XIX and transferring fund-
ing under that title to the States, and shall provide rec-
ommendations for the improvement of such services to eli-
gible Indians. The Secretary shall submit the report to
Congress no later than June 1, 1996.
PART 3—INDIAN HEALTH: MEDICARE
SEC. 9621. HEALTH CARE FACILITIES.
(a) TRIBAL FACILITIES.—Section 401(a) of the In-
dian Health Care Improvement Act (25 U.S.C 1641(a))
is amended by striking ‘‘a hospital or skilled nursing facil-
ity of the Service (whether operated by the Service or by
an Indian tribe or tribal organization pursuant to a con-
tract under the Indian Self-Determination Act)’’ and in-
serting ‘‘facility of the Service, Indian tribe, tribal organi-
zation, or urban Indian organization’’.
(b) ELIGIBILITY
FOR
REIMBURSEMENT.—Section
1880(a) of the Social Security Act (42 U.S.C. 1395qq)
is amended—
(1) by striking ‘‘hospital or skilled nursing’’;
(2) by inserting ‘‘, Indian Tribe, tribal organi-
zation, or urban Indian organization’’ after ‘‘Indian
Health Service’’; and
445
(3) by striking ‘‘generally to hospitals or skilled
nursing facilities (as the case may be)’’.
SEC. 9622. PROVIDER REIMBURSEMENT.
Section 401 of the Indian Health Care Improvement
Act (25 U.S.C. 1641) is amended by adding the following
new subsection:
‘‘(c) Notwithstanding any other provision of law, a
health program of the Indian Health Service, an Indian
tribe, tribal organization, or urban Indian organization,
that is eligible for reimbursement for medical assistance
under title XVIII of the Social Security Act shall be eligi-
ble to participate in, and receive reimbursement for medi-
cal assistance provided to individuals served under any
plan offered under the Medicare Plus plan on the same
basis as any other health care provider in the State in
which the health program of the Indian Health Service,
an Indian tribe, tribal organization, or urban Indian orga-
nization is operated.’’.
Subtitle G—Consultation
SEC. 9701. CONSULTATION.
Section 7(d) of the Endangered Species Act of 1973
(16 U.S.C. 1536(d)) is amended to read as follows:
‘‘(d) 
LIMITATION
ON
COMMITMENT
OF
RE-
SOURCES.—After initiation of consultation required under
subsection (a)(2) of this section, the Federal agency and
446
the permit or license applicant shall not make any irre-
versible or irretrievable commitment of resources with re-
spect to the agency action which has the effect of foreclos-
ing the formulation or implementation of any reasonable
and prudent alternative measures which would not violate
subsection (a)(2) of this section. This limitation on the
commitment of resources is only applicable to consulta-
tions regarding site-specific projects and activities, and
shall not apply to any consultation regarding an agency’s
periodic or long-term planning activities, mission or policy
statements, programmatic documents, or general policies,
regulations, or activities, whether or not such consultation
has previously been initiated pursuant to a court order,
and regardless of the date on which consultation was or-
dered or initiated.’’.
Subtitle H—Mapping
SEC. 9801. SHORT TITLE.
This subtitle may be cited as the ‘‘Department of the
Interior Surveying and Mapping Efficiency and Economic
Opportunity Act of 1995’’.
SEC. 9802. SURVEYING AND MAPPING CONTRACTING PRO-
GRAM.
In order to provide private firms, including small and
small disadvantaged businesses, ample opportunities to
provide quality services to the Department of the Interior
447
(hereinafter referred to as the ‘‘Department’’), the Sec-
retary of the Interior (hereinafter referred to as the ‘‘Sec-
retary’’) shall conduct a surveying and mapping contract-
ing program.
SEC. 9803. INVENTORY OF ACTIVITIES.
(a) PUBLICATION OF INVENTORY.—Not later than
90 days after the date of enactment of this Act, the Sec-
retary, in consultation with the Administrator of the Of-
fice of Federal Procurement Policy, the Administrator of
the Small Business Administration and the trade associa-
tion of private surveying and mapping firms, shall publish
an inventory of surveying and mapping activities in the
Department of the Interior for the last fiscal year com-
pleted prior to the date of enactment of this Act.
(b) ITEMS INCLUDED.—The inventory shall include
each of the following:
(1) The total dollar value of surveying and
mapping activities in each agency of the Depart-
ment.
(2) The total dollar value of surveying and
mapping activities in each agency of the Department
performed by contract with private sector firms.
(3) The total dollar value of surveying and
mapping activities in each agency of the Department
performed by personnel of the Department.
448
(4) The total dollar value of surveying and
mapping activities in each agency of the Department
performed for any other department or agency of the
Federal Government.
(5) The total dollar value of surveying and
mapping activities in each agency of the Department
performed for any State or political subdivision
thereof, or for any foreign government.
(6) The total number of personnel involved in
surveying and mapping activities in each agency of
the Department.
SEC. 9804. PLAN TO INCREASE USE OF CONTRACTS.
(a) ESTABLISHMENT.—Based on the inventory con-
ducted pursuant to section 9803 of this Act, not later than
180 days after the date of enactment of this Act, the Sec-
retary, in consultation with the Administrator of the Of-
fice of Federal Procurement Policy, the Administrator of
the Small Business Administration and the trade associa-
tion of private surveying and mapping firms, shall develop
and implement a plan to increase the use of contracts with
private firms for surveying and mapping services.
(b) ITEMS INCLUDED IN PLAN.—The plan estab-
lished pursuant to subsection (a) of this section shall in-
clude, but not be limited to each of the following:
449
(1) A reduction of surveying and mapping ac-
tivities by personnel in the Department that dupli-
cate capabilities available by contract from the pri-
vate sector.
(2) A reduction of acquisition and maintenance
of surveying and mapping equipment that duplicate
capabilities and capital investment already made by
the private sector.
(3) The elimination of unfair Government com-
petition in activities in which the Department uses
its personnel to perform surveying and mapping for
which it shares the cost with, is reimbursed for, or
makes a grant to any other agency of the Federal
Government, a State or political subdivision thereof,
or a foreign government, for such activities, when
such activities can be obtained by contract from the
private sector.
(4) The use of contracts to perform surveying
and mapping requirements of the Department cre-
ated through attrition.
(5) The enhancement of the leadership role of
the Department of the Interior in—
(A) the preparation of standards and spec-
ifications;
450
(B) research in surveying and mapping in-
strumentation and procedures, and the prompt
transfer of technology to the private sector;
(C) providing technical guidance, coordina-
tion, cost sharing, cooperative efforts and ad-
ministration in the use of Federal funds for
surveying and mapping activities, and the devel-
opment of geographic information systems, that
are performed by the private sector by the con-
tract to Federal, State, and local government
agencies;
(D) establishing a schedule with quantifi-
able goals for increasing the use of contracts
with private sector for current and future sur-
veying and mapping activities; and
(E) using Department personnel to per-
form only those surveying and mapping activi-
ties that are inherently governmental in nature,
necessary to keep current the skills of such per-
sonnel for evaluating contractor performance
and administering contracts, and to perform
basic research.
SEC. 9805. REPORTS.
The Secretary shall transmit to the Committee on
Resources of the House of Representatives and the Com-
451
mittee on Energy and Natural Resources of the Senate
a report on implementation of the program not later than
January 15 of each year.
SEC. 9806. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘surveying and mapping’’ means
collecting, storing, retrieving, or disseminating
graphical or digital data depicting natural or man-
made physical features, phenomena and boundaries
of the earth and any information related thereto, in-
cluding but not limited to data shown on or in rela-
tion to surveys, maps, and charts.
(2) The ‘‘contract’’ means an instrument to re-
tain private firms with licensed, certified, or other-
wise qualified professionals in such fields as survey-
ing, photogrammetry, cartography, and geodesy,
which shall be awarded in accordance with the selec-
tion procedures in title IX of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
541 and following).
Subtitle I—National Park System
Reform
SEC. 9901. SHORT TITLE.
This subtitle may be cited as the ‘‘National Park Sys-
tem Reform Act of 1995’’.
452
SEC. 9902. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) The term ‘‘Plan’’ means the National Park
System Plan developed under section 101.
(3) The term ‘‘Commission’’ means the Na-
tional Park System Review Commission established
pursuant to section 103.
(4) The term ‘‘Congressional resources commit-
tees’’ means the Committee on Resources of the
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate.
PART 1—NATIONAL PARK SYSTEM PLAN
SEC. 9911. PREPARATION OF NATIONAL PARK SYSTEM
PLAN.
(a) PREPARATION OF PLAN.—The Secretary of the
Interior, acting through the Director of the National Park
Service, shall prepare a National Park System Plan to
guide the direction of the National Park System into the
next century. The Plan shall include each of the following:
(1) Identification of goals and objectives for use
in defining the mission and role of the National
Park Service and the National Park System in pre-
serving our Nation’s heritage, relative to other ef-
forts at the Federal, State, local, and private levels.
453
This statement shall include a refinement for the
definition of ‘‘nationally significant’’ for purposes of
inclusion in the National Park System.
(2) Criteria to be used in determining which
themes and types of resources are appropriate for
representation in the National Park System, as well
as criteria for judging individual sites, areas, and
themes that are appropriate for inclusion as units of
the National Park System.
(3) Identification of what constitutes adequate
representation of a particular resource type or theme
in the National Park System.
(4) Identification of which aspects of the Na-
tion’s heritage are adequately represented in the ex-
isting National Park System.
(5) Identification of appropriate aspects of the
Nation’s heritage not currently or adequately rep-
resented in the National Park System.
(6) Priorities of the themes and types of re-
sources which should be added to the National Park
System in order to provide more complete represen-
tation of our Nation’s heritage.
(7) A thorough analysis of the role of the Na-
tional Park System and the National Park Service
with respect to (but not limited to) conservation of
454
natural areas and ecosystems; preservation of indus-
trial America; preservation of intangible cultural
heritage such as arts, music, and folklife; presi-
dential sites; open space protection; and provision of
outdoor recreation opportunities.
(8) A comprehensive financial management plan
for the National Park System which identifies all
funding available to the agency, how funds will be
allocated to support various programs, and the level
of service to be provided.
(b) PUBLIC PARTICIPATION AND CONSULTATION.—
During the preparation of the Plan under subsection (a),
the Secretary shall ensure broad public participation in a
manner which, at a minimum, consists of the following
two elements:
(1) Solicitation of the views of the American
public with regard to the future of the National
Park System. Opportunities for public participation
shall be made available throughout the planning
process and shall include specific regional public
meetings.
(2) Consultation with other Federal land man-
agement agencies, State and local officials, resource
management, recreation and scholarly organizations,
455
and other interested parties as the Secretary deems
advisable.
(c) TRANSMITTAL OF REPORT.—Prior to the end of
the second complete fiscal year commencing after the date
of enactment of this Act, the Secretary shall transmit the
Plan developed under this section to the Congressional re-
sources committees.
(d) CONGRESSIONAL APPROVAL.—Unless Congress
enacts a joint resolution rejecting all or modifying part
of the Plan within 180 calendar days after the date of
its transmittal to Congress, the Plan shall be deemed ap-
proved.
(e) IDENTIFICATION OF UNITS OF THE NATIONAL
PARK SYSTEM.—The Secretary shall submit to the Con-
gressional resources committees an official list of areas or
units of the National Park System within 180 days after
the date of the enactment of this Act. The Secretary shall
establish a set of criteria for the purpose of developing
such list and shall transmit those criteria to the Congres-
sional resources committees.
(f) AUTHORITY TO ESTABLISH UNITS OF THE NA-
TIONAL PARK SYSTEM.—After the enactment of this Act,
units or areas of the National Park System may only be
established pursuant to an Act of Congress or by Presi-
dential action in accordance with the Act entitled ‘‘An Act
456
for the preservation of American antiquities’’ (16 U.S.C.
431 et seq.).
SEC. 9912. MANAGEMENT REVIEW OF NATIONAL PARK
SYSTEM.
(a) SELECTION CRITERIA.—(1) The Secretary shall,
not later than 45 days after transmittal of the Plan under
section 9911(c), publish in the Federal Register and
transmit to the Congressional resources committees the
criteria proposed to be used by the Department of the In-
terior in reviewing existing units of the National Park Sys-
tem under this section. The Secretary shall provide an op-
portunity for public comment on the proposed criteria for
a period of at least 30 days.
(2)(A) The Secretary shall, within 60 days of the
transmittal of proposed criteria under paragraph (1), pub-
lish in the Federal Register and transmit to the Congres-
sional resources committees the final criteria to be used
in carrying out this section. Except as provided in sub-
paragraph (B), such criteria shall be the final criteria to
be used unless disapproved by a joint resolution of Con-
gress enacted not more than 30 legislative days after re-
ceipt of the final criteria. For the purpose of the preceding
sentence, the term ‘‘legislative day’’ means a day on which
both Houses of Congress are in session.
457
(B) The Secretary may amend such criteria, but such
amendments may not become effective until they have
been published in the Federal Register, opened to public
comment for at least 30 days, and transmitted to the Con-
gressional resources committees in final form.
(b) REVIEW.—(1)(A) Using the Plan deemed to be
approved pursuant to section 9911(d) and the criteria de-
veloped pursuant to subsection (a), the Secretary shall re-
view the existing National Park System to determine
whether any existing units or significant portions of such
units do not conform to the Plan. For any such areas,
the Secretary shall determine whether there are more ap-
propriate alternatives for managing all or a portion of
such units, including through partnerships or direct man-
agement by States, local governments, other agencies and
the private sector.
(B) The Secretary shall develop a report which con-
tains a list of any unit of the National Park System where
National Park Service management should be terminated
and a list of any portion of units where National Park
Service management should be modified as a result of
nonconformance with the Plan. No area or portion of an
area which Congress has designated as a national park
may be included in the report.
458
(2) Should any such unit or portion of such unit not
be recommended for continued National Park Service
management, the Secretary shall make recommendations
regarding management by an entity or entities other than
the National Park Service.
(3) For any such unit or portion of such unit deter-
mined to have national significance, prior to including
such unit or portion of such unit on a list under paragraph
(1), the Secretary shall identify feasible alternatives to
National Park Service management which will protect the
resources of and assure continued public access to the
unit.
(c) CONSULTATION.—In developing the report re-
ferred to in subsection (b), the Secretary shall consult with
other Federal land management agencies, State and local
officials, resource management, recreation and scholarly
organizations, and other interested parties as the Sec-
retary deems advisable.
(d) TRANSMITTAL.—Not later than 18 months after
the Plan has been deemed approved, the Secretary shall
transmit the report developed under this section simulta-
neously to the Congressional resources committees and the
Commission. The report shall contain the recommenda-
tions of the Secretary for termination of National Park
Service management for any unit of the National Park
459
System that is determined not to conform with the Plan,
a list of portions of units where National Park Service
management should be modified, and the recommenda-
tions for alternative management by an entity or entities
other than the National Park Service for such unit.
SEC. 9913. NATIONAL PARK SYSTEM REVIEW COMMISSION.
(a) ESTABLISHMENT OF COMMISSION; DUTIES.—(1)
Following completion of the Plan as specified in section
9911, a National Park System Review Commission shall
be established.
(2) The Commission shall either review the report de-
veloped under section 9912 or, if the Secretary fails to
develop and transmit such report, develop the report itself.
In conducting its review (or developing the report, if nec-
essary), the Commission shall be subject to the provisions
of sections 9912(b) and (c) in the same manner as such
provisions apply to the Secretary. If the Secretary develops
and transmits the report, the review of the Commission
shall be limited to the manner in which the criteria have
been applied to the existing National Park System. In ad-
dition the Commission shall seek broad public input and
ensure the opportunity for input from persons who would
be directly affected by recommendations regarding Na-
tional Park System units identified in its report.
460
(3) Within 2 years after the date of its establishment,
the Commission shall prepare and transmit to the Con-
gressional resources committees a report of its work under
paragraph (2) in which the Commission recommends a list
of National Park System units where National Park Serv-
ice management should be terminated and a list of por-
tions of units where National Park Service management
should be modified.
(b) MEMBERSHIP AND APPOINTMENT.—The Com-
mission shall consist of 11 members, each of whom shall
have substantial familiarity with, and understanding of,
the National Park System and related fields. In addition,
the Commission members shall have expertise in natural
sciences, history, archaeology, and outdoor recreation.
Five members of the Commission, one of whom shall be
the Director of the National Park Service, shall be ap-
pointed by the Secretary. Two members shall be appointed
by the Speaker of the United States House of Representa-
tives in consultation with the chairman of the Committee
on Resources, and one member shall be appointed by the
Minority Leader of the House of Representatives in con-
sultation with the ranking minority member of the Com-
mittee on Resources. Two members shall be appointed by
the President pro tempore of the United States Senate,
in consultation with the chairman of the Committee on
461
Energy and Natural Resources and one member shall be
appointed by the Minority Leader of the Senate in con-
sultation with the ranking minority member of the Com-
mittee on Energy and Natural Resources. Each member
shall be appointed within three months after the comple-
tion of the Plan as specified in section 101.
(c) CHAIR.—The Commission shall elect a chair from
among its members.
(d) VACANCIES.—Vacancies occurring on the Com-
mission shall not affect the authority of the remaining
members of the Commission to carry out the functions of
the Commission. Any vacancy in the Commission shall be
promptly filled in the same manner in which the original
appointment was made.
(e) QUORUM.—A simple majority of Commission
members shall constitute a quorum.
(f) MEETINGS.—The Commission shall meet at least
quarterly or upon the call of the chair or a majority of
the members of the Commission.
(g) COMPENSATION.—Members of the Commission
shall serve without compensation as such. Members of the
Commission, when engaged in official Commission busi-
ness, shall be entitled to travel expenses, including per
diem in lieu of subsistence, in the same manner as persons
462
employed intermittently in government service under sec-
tion 5703 of title 5, United States Code.
(h) TERMINATION.—The Commission established
pursuant to this section shall terminate 90 days after the
transmittal of the report to Congress as provided in sub-
section (a).
(i) LIMITATION
ON
NATIONAL
PARK
SERVICE
STAFF.—The Commission may hire staff to carry out its
assigned responsibilities. Not more than one-half of the
professional staff of the Commission shall be made up of
current employees of the National Park Service.
(j) STAFF OF OTHER AGENCIES.—Upon the request
of the Commission, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of
such agency to the Commission to assist the Commission.
(k) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be adopted by the Commission, the Commis-
sion may procure temporary and intermittent services to
the same extent as authorized by section 3109(b) of title
5, United States Code, but at rates determined by the
Commission to be advisable.
(l) POWERS OF THE COMMISSION.—(1) The Commis-
sion shall for the purpose of carrying out this title hold
such public hearings, sit and act at such times and places,
463
take such testimony, and receive such evidence as the
Commission deems advisable.
(2) The Commission may make such bylaws, rules,
and regulations, consistent with this part, as it considers
necessary to carry out its functions under this part.
(3) When so authorized by the Commission, any
member or agent of the Commission may take any action
which the Commission is authorized to take by this sec-
tion.
(4) The Commission may use the United States mails
in the same manner and upon the same conditions as
other departments and agencies of the United States.
(5) The Secretary shall provide to the Commission
any information available to the Secretary and requested
by the Commission regarding the Plan and any other in-
formation requested by the Commission which is relevant
to the duties of the Commission and available to the Sec-
retary.
SEC. 9914. SUBSEQUENT ACT OF CONGRESS REQUIRED TO
MODIFY OR TERMINATE A PARK.
Nothing in this part shall be construed as modifying
or terminating any unit of the National Park System with-
out a subsequent Act of Congress. This limitation shall
not limit any existing authority of the Secretary.
464
SEC. 9915. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated
$2,000,000 to carry out the purposes of this part.
SEC. 9916. COMMENDATION AND PROTECTION OF NA-
TIONAL PARK RANGERS.
(a) FINDING.—The Congress recognizes the dedica-
tion, expertise and courage of the men and women who
serve as rangers and other employees of the National Park
Service and finds their service to the protection of our
park resources and the safety of the hundreds of millions
of Americans who visit our national parks each year to
be indispensable.
(b) PROTECTION OF NATIONAL PARK SERVICE EM-
PLOYEES.—As soon as possible as part of the report devel-
oped under section 9911, the Secretary shall report on the
procedures that have been instituted to report to the Unit-
ed States Attorney or other appropriate law enforcement
official any intimidation, threats, or acts of violence
against employees of the National Park Service related to
their duties.
PART 2—NEW AREA ESTABLISHMENT
SEC. 9921. STUDY OF NEW PARK SYSTEM AREAS.
Section 8 of the Act of August 18, 1970, entitled ‘‘An
Act to improve the Administration of the National Park
System by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other pur-
465
poses’’ (16 U.S.C. 1a–1 and following) is amended as fol-
lows:
(1) By inserting ‘‘GENERAL AUTHORITY.—’’
after ‘‘(a)’’.
(2) By striking the second through the sixth
sentences of subsection (a).
(3) By redesignating the last two sentences of
subsection (a) as subsection (f) and inserting in the
first of such sentences before the words ‘‘For the
purposes of carrying’’ the following: ‘‘(f) AUTHOR-
IZATION OF APPROPRIATIONS.—’’.
(4) By striking subsection (b).
(5) By inserting the following after subsection
(a):
‘‘(b) STUDIES
OF AREAS
FOR POTENTIAL ADDI-
TION.—(1) At the beginning of each calendar year, along
with the annual budget submission, the Secretary shall
submit to the Committee on Resources of the House of
Representatives and to the Committee on Energy and
Natural Resources of the United States Senate a list of
areas recommended for study for potential inclusion in the
National Park System.
‘‘(2) In developing the list to be submitted under this
subsection, the Secretary shall give consideration to those
areas that have the greatest potential to meet the estab-
466
lished criteria of national significance, suitability, and fea-
sibility. The Secretary shall give special consideration to
themes, sites, and resources not already adequately rep-
resented in the National Park System as identified in the
National Park System Plan to be developed under section
101 of the National Park System Reform Act of 1995.
‘‘(3) No study of the potential of an area for inclusion
in the National Park System may be initiated after the
date of enactment of this subsection, except as provided
by specific authorization of an Act of Congress.
‘‘(4) Nothing in this Act shall limit the authority of
the National Park Service to conduct preliminary resource
assessments, gather data on potential study areas, provide
technical and planning assistance, prepare or process
nominations for administrative designations, update pre-
vious studies, or complete reconnaissance surveys of indi-
vidual areas requiring a total expenditure of less than
$25,000.
‘‘(5) Nothing in this section shall be construed to
apply to or to affect or alter the study of any river segment
for potential addition to the national wild and scenic rivers
system or to apply to or to affect or alter the study of
any trail for potential addition to the national trails sys-
tem.
467
‘‘(c) REPORT.—(1) The Secretary shall complete the
study for each area for potential inclusion in the National
Park System within 3 complete fiscal years following the
date of enactment of specific legislation providing for the
study of such area. Each study under this section shall
be prepared with appropriate opportunity for public in-
volvement, including at least one public meeting in the vi-
cinity of the area under study, and after reasonable efforts
to notify potentially affected landowners and State and
local governments.
‘‘(2) In conducting the study, the Secretary shall con-
sider whether the area under study—
‘‘(A) possesses nationally significant natural or
cultural resources, or outstanding recreational op-
portunities, and that the area represents one of the
most important examples of a particular resource
type in the country; and
‘‘(B) is a suitable and feasible addition to the
system.
‘‘(3) Each study—
‘‘(A) shall consider the following factors with
regard to the area being studied—
‘‘(i) the rarity and integrity of the re-
sources;
‘‘(ii) the threats to those resources;
468
‘‘(iii) whether similar resources are already
protected in the National Park System or in
other public or private ownership;
‘‘(iv) the public use potential;
‘‘(v) the interpretive and educational po-
tential;
‘‘(vi) costs associated with acquisition, de-
velopment and operation;
‘‘(vii) the socioeconomic impacts of any
designation;
‘‘(viii) the level of local and general public
support, and
‘‘(ix) whether the area is of appropriate
configuration to ensure long-term resource pro-
tection and visitor use;
‘‘(B) shall consider whether direct National
Park Service management or alternative protection
by other public agencies or the private sector is ap-
propriate for the area;
‘‘(C) shall identify what alternative or combina-
tion of alternatives would in the professional judg-
ment of the Director of the National Park Service
be most effective and efficient in protecting signifi-
cant resources and providing for public enjoyment;
and
469
‘‘(D) may include any other information which
the Secretary deems to be relevant.
‘‘(4) Each study shall be completed in compliance
with the National Environmental Policy Act of 1969.
‘‘(5) The letter transmitting each completed study to
Congress shall contain a recommendation regarding the
Secretary’s preferred management option for the area.
‘‘(d) NEW AREA STUDY OFFICE.—The Secretary
shall establish a single office to be assigned to prepare
all new area studies and to implement other functions of
this section.
‘‘(e) LIST OF AREAS.—At the beginning of each cal-
endar year, along with the annual budget submission, the
Secretary shall submit to the Committee on Resources of
the House of Representatives and to the Committee on
Energy and Natural Resources of the United States Sen-
ate a list of areas which have been previously studied
which contain primarily historical resources, and a list of
areas which have been previously studied which contain
primarily natural resources, in numerical order of priority
for addition to the National Park System. In developing
the lists, the Secretary should consider threats to resource
values, cost escalation factors, and other factors listed in
subsection (c) of this section. The Secretary should only
470
include on the lists areas for which the supporting data
is current and accurate.’’.
TITLE 
X—COMMITTEE 
ON
TRANSPORTATION 
AND 
IN-
FRASTRUCTURE
Subtitle A—Water Resources
SEC. 10001. COMMERCIAL CONCESSIONS AT CORPS OF EN-
GINEERS PROJECTS.
Notwithstanding part 1 of subtitle C of title IX of
this Act, the Secretary of the Army shall not modify any
concession service agreement, concession license, or simi-
lar instrument (or any policy or procedure relating to such
agreement, license, or agreement) except to the extent that
such modification is permitted under laws in effect on the
day before the date of the enactment of this Act.
SEC. 10002. PROHIBITION ON SALE OF CORPS OF ENGI-
NEERS PROJECTS.
(a) PROHIBITION.—Notwithstanding part 1 of sub-
title B of title IX of this Act, the sale of any project or
project feature operated by the Corps of Engineers (in-
cluding any dam, lock, reservoir, related transmission and
generation structures, equipment, facilities, and real prop-
erty) is prohibited.
(b) COOPERATION WITH PURCHASERS OF ELECTRIC
POWER.—
471
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary of the Army shall cooperate, to the
maximum extent practicable, with a non-Federal
purchaser of electric power generated at any project
under the jurisdiction of the Secretary to facilitate
the purchaser’s access to, operation of, and mainte-
nance, repair, rehabilitation, and replacement of hy-
droelectric power facilities at the project.
(2) CONTINUED EFFECTIVENESS OF PROJECT
PURPOSES.—In carrying out paragraph (1), the Sec-
retary shall take such actions as may be necessary
to ensure that each project referred to in paragraph
(1) continues to operate in accordance with the au-
thorized purpose or purposes of the project.
SEC. 10003. FEMA RADIOLOGICAL EMERGENCY PREPARED-
NESS FEES.
(a) IN GENERAL.—The Director of the Federal
Emergency Management Agency may assess and collect
fees applicable to persons subject to radiological emer-
gency preparedness regulations issued by the Director.
(b) REQUIREMENTS.—The assessment and collection
of fees by the Director under subsection (a) shall be fair
and equitable and shall reflect the full amount of costs
to the Agency of providing radiological emergency plan-
ning, preparedness, response, and associated services.
472
Such fees shall be assessed by the Director in a manner
which reflects the use of resources of the Agency for class-
es of regulated persons and the administrative costs of col-
lecting such fees.
(c) AMOUNT OF FEES.—The aggregate amount of
fees assessed under subsection (a) in a fiscal year shall
approximate, but not be less than, 100 percent of the
amounts anticipated by the Director to be obligated for
the radiological emergency preparedness program of the
Agency for such fiscal year.
(d) DEPOSIT OF FEES IN TREASURY.—Fees received
pursuant to subsection (a) shall be deposited in the gen-
eral fund of the Treasury as offsetting receipts.
(e) EXPIRATION OF AUTHORITY.—The authority of
the Director to assess and collect fees under subsection
(a) shall expire on September 30, 2002.
Subtitle B—Ocean Shipping
Reform
SEC. 10201. SHORT TITLE.
This subtitle may be cited as the ‘‘Ocean Shipping
Reform Act of 1995’’.
CHAPTER 1—OCEAN SHIPPING REFORM
SEC. 10211. PURPOSES.
Section 2 of the Shipping Act of 1984 (46 U.S.C.
App. 1701) is amended—
473
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) to permit carriers and shippers to develop
transportation arrangements to meet their specific
needs.’’.
SEC. 10212. DEFINITIONS.
Section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702) is amended—
(1) effective January 1, 1997—
(A) by striking paragraph (9); and
(B) by redesignating paragraphs (10)
through (19) as paragraphs (9) through (18),
respectively; and
(2) effective June 1, 1997—
(A) by striking paragraph (4);
(B) in paragraph (7) by striking ‘‘a com-
mon tariff;’’ and inserting ‘‘a common schedule
of transportation rates, charges, classifications,
rules, and practices;’’;
(C) by striking paragraph (10) (as redesig-
nated by paragraph (1) of this section);
474
(D) by striking paragraph (13) (as redesig-
nated by paragraph (1) of this section);
(E) by striking paragraph (16) (as redesig-
nated by paragraph (1) of this section);
(F) by striking paragraph (18) (as redesig-
nated by paragraph (1) of this section) and in-
serting the following:
‘‘(18) ‘ocean freight forwarder’ means a person
that—
‘‘(A)(i) in the United States, dispatches
shipments from the United States via a com-
mon carrier and books or otherwise arranges
space for those shipments on behalf of shippers;
or
‘‘(ii) processes the documentation or per-
forms related activities incident to those ship-
ments; or
‘‘(B) acts as a common carrier that does
not operate the vessels by which the ocean
transportation is provided, and is a shipper in
its relationship with an ocean common car-
rier.’’;
(G) by striking paragraph (21);
(H) in paragraph (23)—
475
(i) by striking ‘‘or’’ the second place
it appears and inserting a comma; and
(ii) by striking the period and insert-
ing ‘‘, a shippers’ association, or an ocean
freight forwarder that accepts responsibil-
ity for payment of the ocean freight.’’;
(I) by striking paragraph (24) and insert-
ing the following:
‘‘(24) ‘shippers’ association’ means a group of
shippers that consolidates or distributes freight, on
a nonprofit basis for the members of the group in
order to secure carload, truckload, or other volume
rates or ocean transportation contracts.’’; and
(J) by inserting after paragraph (18) (as
redesignated by paragraph (1) of this section)
the following:
‘‘(19) ‘ocean transportation contract’ means a
contract in writing separate from the bill of lading
or receipt between 1 or more common carriers or a
conference and 1 or more shippers to provide speci-
fied services under specified rates and conditions.’’.
SEC. 10213. AGREEMENTS WITHIN THE SCOPE OF THE ACT.
Effective June 1, 1997, section 4(a) of the Shipping
Act of 1984 (46 U.S.C. App. 1703(a)) is amended—
476
(1) in paragraph (5) by striking ‘‘non-vessel-op-
erating common carriers’’ and inserting ‘‘ocean
freight forwarders’’; and
(2) by striking paragraph (7) and inserting the
following:
‘‘(7) discuss any matter related to ocean trans-
portation contracts, and enter ocean transportation
contracts and agreements related to those con-
tracts.’’.
SEC. 10214. AGREEMENTS.
Section 5 of the Shipping Act of 1984 (46 U.S.C.
App. 1704) is amended—
(1) effective January 1, 1997—
(A) in subsection (b)(4) by striking ‘‘at the
request of any member, require an independent
neutral body to police fully’’ and inserting
‘‘state the provisions, if any, for the policing
of’’;
(B) in subsection (b)(7) by striking ‘‘and’’
at the end;
(C) in subsection (b)(8) by striking the pe-
riod and inserting ‘‘; and’’; and
(D) by adding at the end of subsection (b)
the following:
477
‘‘(9) provide that a member of the conference
may enter individual and independent negotiations
and may conclude individual and independent service
contracts under section 8 of this Act.’’;
(2) effective June 1, 1997—
(A) by striking subsection (b)(8) and in-
serting the following:
‘‘(8) provide that any member of the conference
may take independent action on any rate or service
item agreed upon by the conference for transpor-
tation provided under section 8(a) of this Act upon
not more than 3 business days’ notice to the con-
ference, and that the conference will provide the new
rate or service item for use by that member, effec-
tive no later than 3 business days after receipt of
that notice, and by any other member that notifies
the conference that it elects to adopt the independ-
ent rate or service item on or after its effective date,
in lieu of the existing conference provision for that
rate or service item;’’;
(B) in subsection (b)(9) by striking ‘‘serv-
ice’’ and inserting ‘‘ocean transportation’’ and
by striking the period at the end and inserting
‘‘; and’’;
478
(C) by adding at the end of subsection (b)
the following:
‘‘(10) prohibit the conference from—
‘‘(A) prohibiting or restricting the mem-
bers of the conference from engaging in individ-
ual negotiations for ocean transportation con-
tracts under section 8(b) with 1 or more ship-
pers; and
‘‘(B) issuing mandatory rules or require-
ments affecting ocean transportation contracts
that may be entered by 1 or more members of
the conference, except that a conference may
require that a member of the conference dis-
close the existence of an existing individual
ocean transportation contract or negotiations on
an ocean transportation contract, when the con-
ference enters negotiations on an ocean trans-
portation contract with the same shipper.’’; and
(D) in subsection (e) by striking ‘‘carrier
that are required to be set forth in a tariff,’’
and inserting ‘‘carrier,’’.
SEC. 10215. EXEMPTION FROM ANTITRUST LAWS.
Section 7 of the Shipping Act of 1984 (46 U.S.C.
App. 1706) is amended—
479
(1) by striking subsection (a)(6) and inserting
the following:
‘‘(6) subject to section 20(e)(2) of this Act, any
agreement, modification, or cancellation, in effect be-
fore the effective date of this Act and any tariff,
rate, fare, charge, classification, rule, or regulation
explanatory thereof implementing that agreement,
modification, or cancellation.’’; and
(2) in subsection (c)(1) by striking ‘‘agency’’
and inserting ‘‘agency, department,’’.
SEC. 10216. COMMON AND CONTRACT CARRIAGE.
(a) IN GENERAL.—Effective June 1, 1997—
(1) section 502 of the High Seas Driftnet Fish-
eries Enforcement Act (46 U.S.C. App. 1707a) is re-
pealed; and
(2) section 8 of the Shipping Act of 1984 (46
U.S.C. App. 1707) is amended to read as follows:
‘‘SEC. 8. COMMON AND CONTRACT CARRIAGE.
‘‘(a) COMMON CARRIAGE.—
‘‘(1) A common carrier and a conference shall
make available a schedule of transportation rates
which shall include the rates, terms, and conditions
for transportation services not governed by an ocean
transportation contract, and shall provide the sched-
ule of transportation rates, in writing, upon the re-
480
quest of any person. A common carrier and a con-
ference may assess a reasonable charge for comply-
ing with a request for a rate, term, and condition,
except that the charge may not exceed the cost of
providing the information requested.
‘‘(2) A dispute between a common carrier or
conference and a person as to the applicability of the
rates, terms, and conditions for ocean transportation
services shall be decided in an appropriate State or
Federal court of competent jurisdiction, unless the
parties otherwise agree.
‘‘(3) A claim concerning a rate for ocean trans-
portation services which involves false billing, false
classification, false weighing, false report of weight,
or false measurement shall be decided in an appro-
priate State or Federal court of competent jurisdic-
tion, unless the parties otherwise agree.
‘‘(b) CONTRACT CARRIAGE.—
‘‘(1) 1 or more common carriers or a conference
may enter into an ocean transportation contract
with 1 or more shippers. A common carrier may
enter into ocean transportation contracts without
limitations concerning the number of ocean trans-
portation contracts or the amount of cargo or space
involved. The status of a common carrier as an
481
ocean common carrier is not affected by the number
or terms of ocean transportation contracts entered.
‘‘(2) A party to an ocean transportation con-
tract entered under this section shall have no duty
in connection with services provided under the con-
tract other than the duties specified by the terms of
the contract.
‘‘(3)(A) An ocean transportation contract or the
transportation provided under that contract may not
be challenged in any court on the grounds that the
contract violates a provision of this Act.
‘‘(B) The exclusive remedy for an alleged
breach of an ocean transportation contract is an ac-
tion in an appropriate State or Federal court of
competent jurisdiction, unless the parties otherwise
agree.
‘‘(4) The requirements and prohibitions con-
cerning contracting by conferences contained in sec-
tions 5(b)(9) and (10) of this Act shall also apply
to any agreement among one or more ocean common
carriers that is filed under section 5(a) of this Act.’’.
(b) CONFIDENTIALITY
OF CONTRACTS.—Effective
January 1, 1998, section 8(b) of the Shipping Act of 1984
(46 U.S.C. App. 1707(b)), as amended by subsection (a)
482
of this section, is amended by adding at the end the
following:
‘‘(5) A contract entered under this section may
be made on a confidential basis, upon agreement of
the parties. An ocean common carrier that is a
member of a conference agreement may not be pro-
hibited or restricted from agreeing with 1 or more
shippers that the parties to the contract will not dis-
close the rates, services, terms, or conditions of that
contract to any other member of the agreement, to
the conference, to any other carrier, shipper, con-
ference, or to any other third party.’’.
SEC. 10217. PROHIBITED ACTS.
Section 10 of the Shipping Act of 1984 (46 U.S.C.
App. 1709) is amended—
(1) effective January 1, 1997, in subsection
(b)—
(A) by striking paragraph (1) and insert-
ing the following:
‘‘(1) except for service contracts, subject a per-
son, place, port, or shipper to unreasonable discrimi-
nation;’’; and
(B) by striking paragraphs (2), (3), (4),
and (8);
483
(2) effective June 1, 1997, by striking sub-
section (b) and inserting the following:
‘‘(b) COMMON CARRIERS.—No common carrier, ei-
ther alone or in conjunction with any other person, directly
or indirectly, may—
‘‘(1) except for ocean transportation contracts,
subject a person, place, port, or shipper to unreason-
able discrimination;
‘‘(2) retaliate against any shipper by refusing,
or threatening to refuse, cargo space accommoda-
tions when available, or resort to other unfair or un-
justly discriminatory methods because the shipper
has patronized another carrier or has filed a com-
plaint, or for any other reason;
‘‘(3) employ any fighting ship;
‘‘(4) subject any particular person, locality,
class, or type of shipper or description of traffic to
an unreasonable refusal to deal;
‘‘(5) refuse to negotiate with a shippers’ asso-
ciation;
‘‘(6) knowingly and willfully accept cargo from
or transport cargo for the account of an ocean
freight forwarder that does not have a bond, insur-
ance, or other surety as required by section 19;
484
‘‘(7) knowingly and willfully enter into an ocean
transportation contract with an ocean freight for-
warder or in which an ocean freight forwarder is
listed as an affiliate that does not have a bond, in-
surance, or other surety as required by section 19;
or
‘‘(8)(A) knowingly disclose, offer, solicit, or re-
ceive any information concerning the nature, kind,
quantity, destination, consignee, or routing of any
property tendered or delivered to a common carrier
without the consent of the shipper or consignee if
that information—
‘‘(i) may be used to the detriment or preju-
dice of the shipper or consignee;
‘‘(ii) may improperly disclose its business
transaction to a competitor; or
‘‘(iii) may be used to the detriment or prej-
udice of any common carrier;
except that nothing in this paragraph shall be con-
strued to prevent providing the information, in re-
sponse to legal process, to the United States, or to
an independent neutral body operating within the
scope of its authority to fulfill the policing obliga-
tions of the parties to an agreement effective under
this Act. Nor shall it be prohibited for any ocean
485
common carrier that is a party to a conference
agreement approved under this Act, or any receiver,
trustee, lessee, agent, or employee of that carrier, or
any other person authorized by that carrier to re-
ceive information, to give information to the con-
ference or any person, firm, corporation, or agency
designated by the conference or to prevent the con-
ference or its designee from soliciting or receiving
information for the purpose of determining whether
a shipper or consignee has breached an agreement
with a conference or for the purpose of determining
whether a member of the conference has breached
the conference agreement or for the purpose of com-
piling statistics of cargo movement, but the use of
that information for any other purpose prohibited by
this Act or any other Act is prohibited; and
‘‘(B) after December 31, 1997, the rates, serv-
ices, terms, and conditions of an ocean transpor-
tation contract may not be disclosed under this
paragraph if the contract has been made on a con-
fidential basis under section 8(b) of this Act.
The exclusive remedy for a disclosure under this para-
graph shall be an action for breach of contract as provided
in section 8(b)(3) of this Act.’’;
(3) effective June 1, 1997—
486
(A) by striking subsection (c)(1) and in-
serting the following:
‘‘(1) boycott, take any concerted action re-
sulting in an unreasonable refusal to deal, or
implement a policy or practice that results in
an unreasonable refusal to deal;’’;
(B) in subsection (c)(5) by inserting ‘‘as
defined in section 3(14)(A) of this Act’’ after
‘‘freight forwarder’’; and
(C) in subsection (c)(6) by striking ‘‘a
service contract.’’ and inserting ‘‘an ocean
transportation contract.’’; and
(4) effective June 1, 1997, in subsection (d)(3)
by striking ‘‘subsection (b) (11), (12), and (16)’’
and inserting ‘‘paragraphs (1), (4), and (8) of sub-
section (b)’’.
SEC. 10218. REPARATIONS.
Effective June 1, 1997, section 11(g) of the Shipping
Act of 1984 (46 U.S.C. App. 1710(g)) is amended—
(1) by inserting ‘‘or counter-complainant’’ after
‘‘complainant’’ the second place it appears;
(2) by striking ‘‘10(b) (5) or (7)’’ and inserting
‘‘10(b) (2) or (3)’’; and
(3) by striking the last sentence.
487
SEC. 10219. FOREIGN LAWS AND PRACTICES.
Effective on June 1, 1997, section 10002 of the For-
eign Shipping Practices Act of 1988 (46 U.S.C. App.
1710a) is amended—
(1) in subsection (a)(1)—
(A) 
by 
striking 
‘‘ ‘non-vessel-operating
common carrier’,’’; and
(B) by inserting ‘‘ ‘ocean freight for-
warder’,’’ after ‘‘ ‘ocean common carrier’,’’;
(2) in subsection (a)(4) by striking ‘‘non-vessel-
operating common carrier operations,’’;
(3) in subsection (e)(1) by striking subpara-
graphs (B), (C), and (D) and inserting the follow-
ing:
‘‘(B) suspension, in whole or in part, of the
right of an ocean common carrier to operate under
any agreement filed with the Secretary, including
agreements authorizing preferential treatment at
terminals, preferential terminal leases, space char-
tering, or pooling of cargo or revenues with other
ocean common carriers; and
‘‘(C) a fee, not to exceed $1,000,000 per voy-
age.’’; and
(4) in subsection (h) by striking ‘‘section
13(b)(5) of the Shipping Act of 1984 (46 U.S.C.
App. 1712(b)(5))’’ and inserting ‘‘section 13(b)(2)
488
of the Shipping Act of 1984 (46 U.S.C. App.
1712(b)(2))’’.
SEC. 10220. PENALTIES.
Effective June 1, 1997, section 13 of the Shipping
Act of 1984 (46 U.S.C. App. 1712) is amended—
(1) in subsection (b)—
(A) by striking paragraphs (1) and (3) and
redesignating paragraphs (2), (4), (5), and (6)
as paragraphs (1), (2), (3), and (4), respec-
tively;
(B) by striking paragraph (1), as so redes-
ignated, and inserting the following:
‘‘(1) If the Secretary finds, after notice and an
opportunity for a hearing, that a common carrier
has failed to supply information ordered to be pro-
duced or compelled by subpoena under section 12 of
this Act, the Secretary may request that the Sec-
retary of the Treasury refuse or revoke any clear-
ance required for a vessel operated by that common
carrier. Upon request by the Secretary, the Sec-
retary of the Treasury shall, with respect to the ves-
sel concerned, refuse or revoke any clearance re-
quired by section 4197 of the Revised Statutes of
the United States (46 U.S.C. App. 91).’’; and
489
(C) in paragraph (3), as so redesignated,
by striking ‘‘finds appropriate,’’ and all that
follows through the period at the end and in-
serting ‘‘finds appropriate including the imposi-
tion of the penalties authorized under para-
graph (2).’’; and
(2) in subsection (f)(1) by striking ‘‘section 10
(a)(1), (b)(1), or (b)(4)’’ and inserting ‘‘section
10(a)(1)’’.
SEC. 10221. REPORTS.
(a) IN GENERAL.—Effective January 1, 1997, sec-
tion 15 of the Shipping Act of 1984 (46 U.S.C. App.
1714) is amended—
(1) in the section heading by striking ‘‘AND
CERTIFICATES’’;
(2) by striking ‘‘(a) REPORTS.—’’; and
(3) by striking subsection (b).
(b) CLERICAL AMENDMENT.—The table of contents
contained in the first section of such Act (46 U.S.C. App.
1701) is amended by striking the item relating to section
15 and inserting the following:
‘‘Sec. 15. Reports.’’.
SEC. 10222. REGULATIONS.
Section 17 of the Shipping Act of 1984 (46 U.S.C.
App. 1716) is amended—
(1) by striking ‘‘(a)’’; and
490
(2) by striking subsection (b).
SEC. 10223. REPEAL.
(a) REPEAL.—Section 18 of the Shipping Act of
1984 (46 U.S.C. App. 1717) is repealed.
(b) CLERICAL AMENDMENT.—The table of contents
contained in the first section of such Act (46 U.S.C. App.
1701) is amended by striking the item relating to section
18.
SEC. 10224. OCEAN FREIGHT FORWARDERS.
Effective June 1, 1997, section 19 of the Shipping
Act of 1984 (46 U.S.C. App. 1718) is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) LICENSE.—No person in the United States may
act as an ocean freight forwarder unless that person holds
a license issued by the Commission. The Commission shall
issue a forwarder’s license to any person that the Commis-
sion determines to be qualified by experience and char-
acter to render forwarding services.’’;
(2) by redesignating subsections (b), (c), and
(d) as subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the follow-
ing:
‘‘(b) FINANCIAL RESPONSIBILITY.—
491
‘‘(1) No person may act as an ocean freight for-
warder unless that person furnishes a bond, proof of
insurance, or other surety in a form and amount de-
termined by the Commission to insure financial re-
sponsibility that is issued by a surety company
found acceptable by the Secretary of the Treasury.
‘‘(2) A bond, insurance, or other surety ob-
tained pursuant to this section shall be available to
pay any judgment for damages against an ocean
freight forwarder arising from its transportation-re-
lated activities under this Act or order for reparation
issued pursuant to section 11 or 14 of this Act.
‘‘(3) An ocean freight forwarder not domiciled
in the United States shall designate a resident agent
in the United States for receipt of service of judicial
and administrative process, including subpoenas.’’;
(4) in subsection (c), as redesignated by para-
graph (2) of this section, by striking ‘‘a bond in ac-
cordance with subsection (a)(2)’’ and inserting ‘‘a
bond, proof of insurance, or other surety in accord-
ance with subsection (b)(1)’’; and
(5) in subsection (e), as redesignated by para-
graph (2) of this section—
(A) by striking paragraph (3) and redesig-
nating paragraph (4) as paragraph (3); and
492
(B) by adding at the end the following:
‘‘(4) No conference or group of 2 or more ocean
common carriers in the foreign commerce of the
United States that is authorized to agree upon the
level of compensation paid to an ocean freight for-
warder, as defined in section 3(18)(A) of this Act,
may—
‘‘(A) deny to any member of the con-
ference or group the right, upon notice of not
more than 3 business days, to take independent
action on any level of compensation paid to an
ocean freight forwarder; or
‘‘(B) agree to limit the payment of com-
pensation to an ocean freight forwarder, as de-
fined in section 3(18)(A) of this Act, to less
than 1.25 percent of the aggregate of all rates
and charges which are applicable under a com-
mon schedule of transportation rates provided
under section 8(a) of this Act, and which are
assessed against the cargo on which the for-
warding services are provided.’’.
SEC. 10225. EFFECTS ON CERTAIN AGREEMENTS AND CON-
TRACTS.
Section 20(e) of the Shipping Act of 1984 (46 U.S.C.
App. 1719) is amended to read as follows:
493
‘‘(e) SAVINGS PROVISIONS.—
‘‘(1) Each service contract entered into by a
shipper and an ocean common carrier or conference
before the date of the enactment of the Ocean Ship-
ping Reform Act of 1995 may remain in full force
and effect according to its terms.
‘‘(2) This Act and the amendments made by
this Act shall not affect any suit—
‘‘(A) filed before the date of the enactment
of the Ocean Shipping Reform Act of 1995;
‘‘(B) with respect to claims arising out of
conduct engaged in before the date of the en-
actment of the Ocean Shipping Reform Act of
1995, filed within 1 year after the date of the
enactment of the Ocean Shipping Reform Act
of 1995;
‘‘(C) with respect to claims arising out of
conduct engaged in after the date of the enact-
ment of the Ocean Shipping Reform Act of
1995 but before January 1, 1997, pertaining to
a violation of section 10(b) (1), (2), (3), (4), or
(8), as in effect before January 1, 1997, filed
by June 1, 1997;
‘‘(D) with respect to claims pertaining to
the failure of a common carrier or conference to
494
file its tariffs or service contracts in accordance
with this Act in the period beginning January
1, 1997, and ending June 1, 1997, filed by De-
cember 31, 1997; or
‘‘(E) with respect to claims arising out of
conduct engaged in on or after the date of the
enactment of the Ocean Shipping Reform Act
of 1995 but before June 1, 1997, filed by De-
cember 31, 1997.’’.
SEC. 10226. REPEAL.
(a) REPEAL.—Effective June 1, 1997, section 23 of
the Shipping Act of 1984 (46 U.S.C. App. 1721) is re-
pealed.
(b) CLERICAL
AMENDMENT.—Effective June 1,
1997, the table of contents contained in the first section
of such Act (46 U.S.C. App. 1701) is amended by striking
the item relating to section 23.
SEC. 10227. MARINE TERMINAL OPERATOR SCHEDULES.
(a) IN GENERAL.—Effective June 1, 1997, the Ship-
ping Act of 1984 (46 U.S.C. App. 1701 et seq.) is amend-
ed by adding at the end the following:
‘‘SEC. 24. MARINE TERMINAL OPERATOR SCHEDULES.
‘‘A marine terminal operator shall make available to
the public a schedule of rates, regulations, and practices,
including limitations of liability, pertaining to receiving,
495
delivering, handling, or storing property at its marine ter-
minal. The schedule shall be enforceable as an implied
contract, without proof of actual knowledge of its provi-
sions, for any activity by the marine terminal operator
that is taken to—
‘‘(1) efficiently transfer property between trans-
portation modes;
‘‘(2) protect property from damage or loss;
‘‘(3) comply with any governmental require-
ment; or
‘‘(4) store property in excess of the terms of
any other contract or agreement, if any, entered into
by the marine terminal operator.’’.
(b) CLERICAL AMENDMENT.—The table of contents
contained in the first section of such Act (46 U.S.C. App.
1701) is amended by adding at the end the following:
‘‘Sec. 24. Marine terminal operator schedules.’’.
CHAPTER 2—CONTROLLED CARRIERS
AMENDMENTS
SEC. 10231. CONTROLLED CARRIERS.
Effective June 1, 1997, section 9 of the Shipping Act
of 1984 (46 U.S.C. App. 1708) is amended—
(1)(A) in the first sentence of subsection (a)—
(i) by striking ‘‘in its tariffs or service con-
tracts filed with the Commission’’; and
496
(ii) by striking ‘‘in those tariffs or service
contracts’’; and
(B) in the last sentence of subsection (a) by
striking ‘‘filed by a controlled carrier’’;
(2) in paragraphs (1) and (2) of subsection (b)
by striking ‘‘filed’’ and inserting ‘‘published’’;
(3) in subsection (c) by striking the first sen-
tence;
(4) by striking subsection (d) and inserting the
following:
‘‘(d) Within 120 days of the receipt of information
requested by the Secretary under this section, the Sec-
retary shall determine whether the rates, charges, classi-
fications, rules, or regulations of a controlled carrier may
be unjust and unreasonable. If so, the Secretary shall
issue an order to the controlled carrier to show cause why
those rates, charges, classifications, rules, or regulations
should not be approved. Pending a determination, the Sec-
retary may suspend the rates, charges, classifications,
rules, or regulations at any time. No period of suspension
may be greater than 180 days. Whenever the Secretary
has suspended any rates, charges, classifications, rules, or
regulations under this subsection, the affected carrier may
publish and, after notification to the Secretary, assess new
rates, charges, classifications, rules, or regulations—ex-
497
cept that the Secretary may reject the new rates, charges,
classifications, rules, or regulations if the Secretary deter-
mines that they are unreasonable.’’;
(5) in subsection (f) by striking ‘‘This’’ and in-
serting ‘‘Subject to subsection (g), this’’; and
(6) by adding at the end the following:
‘‘(g) The rate standards, information submissions,
remedies, reviews, and penalties in this section shall also
apply to ocean common carriers that are not controlled,
but who have been determined by the Secretary to be
structurally or financially affiliated with nontransporta-
tion entities or organizations (government or private) in
such a way as to affect their pricing or marketplace behav-
ior in an unfair, predatory, or anticompetitive way that
disadvantages an ocean common carrier or carriers. The
Secretary may make such determinations upon request of
any person or upon the Secretary’s own motion, after con-
ducting an investigation and a public hearing.
‘‘(h) The Secretary shall issue regulations by June
1, 1997, that prescribe the procedures and requirements
that would govern how price and other information is to
be submitted by controlled carriers and carriers subject
to determinations made under subsection (g) when such
information would be needed to determine whether prices
498
charged by these carriers are unfair, predatory, or anti-
competitive.
‘‘(i) In any instance where information provided to
the Secretary under this section does not result in an af-
firmative finding or enforcement action by the Secretary
that information may not be made public and shall be ex-
empt from disclosure under section 552 of title 5, United
States Code, except as may be relevant to an administra-
tive or judicial action or proceeding. This section does not
prevent disclosure to either body of Congress or to a duly
authorized committee or subcommittee of Congress.’’.
SEC. 10232. NEGOTIATING STRATEGY TO REDUCE GOVERN-
MENT OWNERSHIP AND CONTROL OF COM-
MON CARRIERS.
Not later than January 1, 1997, the Secretary of
Transportation shall develop, submit to Congress, and
begin implementing a negotiation strategy to persuade for-
eign governments to divest themselves of ownership and
control of ocean common carriers (as that term is defined
in section 3(18) of the Shipping Act of 1984 (46 U.S.C.
App. 1702).
SEC. 10233. ANNUAL REPORT BY THE SECRETARY.
Not later than September 30, 1998, and annually
thereafter, the Secretary shall report to Congress on the
actions taken under the Foreign Shipping Practices Act
499
(46 U.S.C. App. 1708), section 9 of the Shipping Act of
1984 (46 U.S.C. App. 1708), and section 10232 of this
Act and the effect on United States maritime employment
of laws, rules, regulations, policies, or practices of foreign
governments, or any practices of foreign carriers or other
persons providing maritime or maritime-related services in
a foreign country that result in the existence of conditions
that adversely affect the operations of United States car-
riers in United States oceanborne trade.
CHAPTER 3—ELIMINATION OF THE
FEDERAL MARITIME COMMISSION
SEC. 10241. PLAN FOR AGENCY TERMINATION.
(a) IN GENERAL.—No later than 30 days after the
date of the enactment of this Act, the Director of the Of-
fice of Management and Budget, in consultation with the
Secretary of Transportation, shall submit to Congress a
plan to eliminate the Federal Maritime Commission no
later than October 1, 1997. The plan shall include a time-
table for the transfer of remaining functions of the Fed-
eral Maritime Commission to the Secretary of Transpor-
tation beginning as soon as feasible in fiscal year 1996.
The plan shall also address matters related to personnel
and other resources necessary for the Secretary of Trans-
portation to perform the remaining functions of the Fed-
eral Maritime Commission.
500
(b) IMPLEMENTATION.—The Director of the Office of
Management and Budget shall implement the plan to
eliminate the Federal Maritime Commission submitted to
Congress under subsection (a) beginning as soon as fea-
sible in fiscal year 1996.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this subtitle and the amendments
made by this subtitle.
Subtitle C—Midewin National
Tallgrass Prairie
CHAPTER 1—GENERAL PROVISIONS
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ‘‘Illinois Land Con-
servation Act of 1995’’.
SEC. 10302. DEFINITIONS.
For purposes of this subtitle, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the United
States Environmental Protection Agency.
(2) AGRICULTURAL PURPOSES.—The term ‘‘ag-
ricultural purposes’’ means the use of land for row
crops, pasture, hay, and grazing.
501
(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
502
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)).
503
(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
504
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.
505
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
506
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-
507
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-
508
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
509
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
510
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-
511
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-
512
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-
513
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
514
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
515
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
516
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
517
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
518
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
519
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.
520
(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-
521
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
522
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.
523
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-
524
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
525
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
526
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.—
527
(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.
528
(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
529
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,’’.
530
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
531
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.
SEC. 10404. COLLECTION OF PARKING FEES.
(a) IN GENERAL.—The Administrator of General
Services shall issue regulations requiring each Executive
532
agency to collect fees for the use of all parking facilities
provided for the agency at Federal expense.
(b) SPECIFIC REQUIREMENTS.—The regulations—
(1) shall include provisions under which any
such user fee shall be computed based on the fair
market value of the use of the parking facility in-
volved; and
(2) shall take effect on or before the 90th day
after the date of enactment of this Act.
(c) FEES TO BE DEPOSITED IN THE TREASURY.—
All user fees collected under this section shall be deposited
in the Treasury of the United States as miscellaneous re-
ceipts.
(d) PROHIBITION ON USE OF FEDERAL FUNDS.—No
Federal funds may be used to pay any user fee collected
under this section.
(e) EXECUTIVE AGENCY DEFINED.—In this section,
the term ‘‘Executive agency’’ has the meaning given such
term by section 105 of title 5, United States Code.
Subtitle E—Economic Development
Administration and Appalach-
ian Regional Commission
SEC. 10501. SHORT TITLE; EFFECTIVE DATE.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Economic Development Partnership Act of 1995’’.
533
(b) EFFECTIVE DATE.—Except as otherwise ex-
pressly provided, this subtitle and the amendments made
by this subtitle shall take effect 6 months after the date
of the enactment of this Act.
CHAPTER 1—TRANSFER OF FUNCTIONS
OF ECONOMIC DEVELOPMENT ADMIN-
ISTRATION
SEC. 10511. REAUTHORIZATION OF PUBLIC WORKS AND
ECONOMIC DEVELOPMENT ACT OF 1965.
The Public Works and Economic Development Act of
1965 (40 U.S.C. 3131 et seq.) is amended by striking all
after the first section and inserting the following:
‘‘SEC. 2. FINDINGS AND DECLARATION.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the maintenance of the national economy
at a high level is vital to the best interests of the
United States, but that some of our regions, coun-
ties, and communities are suffering substantial and
persistent unemployment and underemployment that
cause hardship to many individuals and their fami-
lies, and waste invaluable human resources;
‘‘(2) to overcome this problem the Federal Gov-
ernment, in cooperation with the States, should help
areas and regions of substantial and persistent un-
employment and underemployment to take effective
534
steps in planning and financing their public works
and economic development;
‘‘(3) Federal financial assistance, including
grants for public works and development facilities to
communities, industries, enterprises, and individuals
in areas needing development should enable such
areas to help themselves achieve lasting improve-
ment and enhance the domestic prosperity by the es-
tablishment of stable and diversified local economies
and improved local conditions, if such assistance is
preceded by and consistent with sound, long-range
economic planning; and
‘‘(4) under the provisions of this Act, new em-
ployment opportunities should be created by develop-
ing and expanding new and existing public works
and other facilities and resources rather than by
merely transferring jobs from one area of the United
States to another.
‘‘(b) DECLARATION.—Congress declares that, in fur-
therance of maintaining the national economy at a high
level—
‘‘(1) the assistance authorized by this Act
should be made available to both rural and urban
areas;
535
‘‘(2) such assistance should be made available
for planning for economic development prior to the
actual occurrences of economic distress in order to
avoid such condition; and
‘‘(3) such assistance should be used for long-
term economic rehabilitation in areas where long-
term economic deterioration has occurred or is tak-
ing place.
‘‘TITLE I—ECONOMIC
DEVELOPMENT COMMISSION
‘‘SEC. 101. ESTABLISHMENT OF ECONOMIC DEVELOPMENT
COMMISSION.
‘‘(a) ESTABLISHMENT.—There is established an Eco-
nomic Development Commission which shall be an inde-
pendent establishment in the executive branch.
‘‘(b) APPOINTMENT OF FEDERAL COCHAIRMAN.—
The Commission shall headed by a Federal Cochairman
of the Economic Development Commission (hereinafter in
this Act referred to as the ‘Federal Cochairman’) who
shall be appointed by the President by and with the advice
and consent of the Senate.
‘‘(c) DUTIES.—It shall be the duty of the Federal Co-
chairman to carry out duties vested in the Federal Co-
chairman under this Act.
536
‘‘SEC. 102. ESTABLISHMENT OF REGIONAL COMMISSIONS.
‘‘(a) ESTABLISHMENT.—The Federal Cochairman
shall establish for each region established by section 106
an Economic Development Regional Commission (herein-
after in this Act referred to as a ‘Regional Commission’).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—Each Regional Commission
shall be composed of 1 Federal member and 1 State
member from each participating State in the region
represented by the Regional Commission.
‘‘(2) FEDERAL
COCHAIRMAN.—The Federal
member of each Regional Commission shall be the
Federal Cochairman.
‘‘(3) STATE MEMBERS.—Each State member of
a Regional Commission shall be the chief executive
officer of the State. The State members of a Re-
gional Commission shall elect a Cochairman from
among such State members for a term of not less
than 1 year.
‘‘(4) ALTERNATES.—
‘‘(A) STATE
ALTERNATES.—Each State
member of a Regional Commission may have a
single alternate appointed by the chief executive
officer of the State from among members of the
chief executive officer’s cabinet or the chief ex-
ecutive officer’s personal staff.
537
‘‘(B) FEDERAL
ALTERNATE.—The Presi-
dent, by and with the advice and consent of the
Senate, shall appoint an alternate for the Fed-
eral Cochairman.
‘‘(C) DUTIES.—An alternate shall vote in
the event of the absence, death, disability, re-
moval, or resignation of the State or Federal
representative for which he or she is an alter-
nate. A State alternate shall not be counted to-
ward the establishment of a quorum of the
Commission in any instance in which a quorum
of the State members is required to be present.
‘‘(c) DECISIONMAKING.—
‘‘(1) VOTING.—Decisions by a Regional Com-
mission shall require an affirmative vote of the Fed-
eral Cochairman (or the Federal Cochairman’s alter-
nate) and of the majority of the State members.
‘‘(2) QUORUM.—No decision of a Regional
Commission involving Commission policy, developing
investment strategies, or allocating funds among
States may be made without the Federal Cochair-
man (or the Federal Cochairman’s alternate) and a
quorum of the State members present. For purposes
of this Act, the Federal Cochairman (or the Federal
538
Cochairman’s alternate) and a majority of the State
members shall constitute a quorum.
‘‘(d) PAY.—
‘‘(1) FEDERAL COCHAIRMAN.—The Federal Co-
chairman shall be compensated by the Federal Gov-
ernment at the rate prescribed for level III of the
Executive Schedule under section 5314 of title 5,
United States Code.
‘‘(2) FEDERAL
COCHAIRMAN’S
ALTERNATE.—
The Federal Cochairman’s alternate shall be com-
pensated by the Federal Government at the rate pre-
scribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code, and
when not serving as an alternate for the Federal Co-
chairman shall perform such functions and duties as
are delegated by the Federal Cochairman.
‘‘(3) STATE
MEMBERS
AND
THEIR
ALTER-
NATES.—Each State member and the State mem-
ber’s alternate shall be compensated by the State
which they represent at the rate established by law
of such State.
‘‘SEC. 103. COOPERATION OF FEDERAL AGENCIES.
‘‘Each Federal department and agency, in accordance
with applicable laws and within the limits of available
funds, shall cooperate with each Regional Commission in
539
order to assist the Regional Commission in carrying out
the functions of the Regional Commission.
‘‘SEC. 104. ADMINISTRATIVE EXPENSES.
‘‘(a) PAYMENT BY STATES.—Fifty percent of the ad-
ministrative expenses of a Regional Commission (other
than the expenses of the Federal Cochairman) shall be
paid by the States in the region represented by the Re-
gional Commission and the remaining 50 percent of such
expenses shall be paid by the Federal Government. The
expenses of the Federal Cochairman, the Federal Cochair-
man’s alternate, and the Federal Cochairman’s staff shall
be paid solely by the Federal Government.
‘‘(b) DETERMINATION OF STATE SHARE.—The share
of the administrative expenses to be paid by each State
shall be determined by the Regional Commission. The
Federal Cochairman shall not participate or vote in such
determination.
‘‘(c) DELINQUENT PAYMENTS.—No assistance au-
thorized by this Act shall be furnished to any State or
to any political subdivision or resident of a State, nor shall
the State member of a Regional Commission participate
or vote in any determination by the Regional Commission,
while such State is delinquent in the payment of such
State’s share of the administrative expenses of the Re-
gional Commission.
540
‘‘SEC. 105. ADMINISTRATIVE POWERS.
‘‘To carry out its duties under this Act, consistent
with regulations issued by the Federal Cochairman, a Re-
gional Commission may take any of the following actions:
‘‘(1) Adopt, amend, and repeal bylaws and rules
governing the conduct of the Regional Commission’s
business and the performance of its functions.
‘‘(2) Appoint and fix the pay of an executive di-
rector and such other personnel as may be necessary
to enable the Regional Commission to carry out its
functions; except that the compensation for any indi-
vidual so appointed shall not exceed the rate of basic
pay for level V of the Executive Schedule and no
member, officer, or employee of the Regional Com-
mission, other than the Federal Cochairman, the
Federal Cochairman’s alternate, employees of the
Federal Cochairman, and any Federal employees de-
tailed under paragraph (3), shall be deemed a Fed-
eral employee for any purpose.
‘‘(3) Request the head of a Federal department
or agency to detail to temporary duty with the Re-
gional Commission such personnel within the admin-
istrative jurisdiction of such head as the Regional
Commission may need for carrying out its functions,
and each such detail shall be without loss of senior-
ity, pay, or other employee status.
541
‘‘(4) Arrange for the services of personnel from
any State or local government or any subdivision or
agency thereof, or any intergovernmental agency.
‘‘(5) Make arrangements, including contracts,
with any participating State government for inclu-
sion in a suitable retirement and employee benefits
system of such of its personnel as may not be eligi-
ble for, or continue in, another governmental retire-
ment or employee benefit system, or otherwise pro-
vide for such coverage of its personnel. The Director
of the Office of Personnel Management is authorized
to contract with a Regional Commission for contin-
ued coverage of any Regional Commission employee
who, on a date in the 6-month period ending on the
date of Regional Commission employment, was a
Federal employee, in the retirement program and
other employee benefit programs of the Federal Gov-
ernment.
‘‘(6) Accept, use, and dispose of gifts or dona-
tions of services or property, real, personal, or
mixed, tangible or intangible.
‘‘(7) Subject to the requirements of the Federal
Property and Administrative Services Act of 1949,
enter into and perform such contracts, leases, coop-
erative agreements, or other transactions as may be
542
necessary in carrying out the Regional Commission’s
functions and on such terms as the Regional Com-
mission may deem appropriate, with any depart-
ment, agency, or instrumentality of the United
States, or with any person, firm, association, or cor-
poration.
‘‘(8) Take such other actions and incur such
other expenses as may be necessary and appropriate.
‘‘SEC. 106. ESTABLISHMENT OF REGIONS.
‘‘(a) IN GENERAL.—For the purposes of this Act,
there are established 8 regions of the United States as
follows:
‘‘(1) REGION I.—Region I shall be composed of
the States of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, and
Tennessee.
‘‘(2) REGION II.—Region II shall be composed
of the States of Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas.
‘‘(3) REGION III.—Region III shall be composed
of the States of Illinois, Indiana, Michigan, Min-
nesota, Ohio, and Wisconsin.
‘‘(4) REGION IV.—Region IV shall be composed
of the States of Colorado, Iowa, Kansas, Missouri,
543
Montana, Nebraska, North Dakota, South Dakota,
Utah, and Wyoming.
‘‘(5) REGION V.—Region V shall be composed
of the State of California.
‘‘(6) REGION VI.—Region VI shall be composed
of the States of Alaska, Arizona, Hawaii, Idaho, Ne-
vada, Oregon, and Washington and American
Samoa, Guam, the Marshall Islands, Micronesia,
and the Northern Mariana Islands.
‘‘(7) REGION VII.—Region VII shall be com-
posed of the States of Delaware, Maryland, New
Jersey, New York, Pennsylvania, Virginia, and West
Virginia and the District of Columbia.
‘‘(8) REGION VIII.—Region VIII shall be com-
posed of the States of Connecticut, Maine, Massa-
chusetts, New Hampshire, Rhode Island, and Ver-
mont and Puerto Rico and the Virgin Islands.
‘‘(b) PARTICIPATION NOT REQUIRED.—No State
shall be required to participate in any program under this
Act.
544
‘‘TITLE II—GRANTS FOR PUBLIC
WORKS AND DEVELOPMENT
FACILITIES
‘‘SEC. 201. DIRECT AND SUPPLEMENTARY GRANTS.
‘‘(a) IN GENERAL.—Upon the application of any eli-
gible recipient, a Regional Commission may—
‘‘(1) make direct grants for the acquisition or
development of land and improvements for public
works, public service, or development facility usage,
and the acquisition, design and engineering, con-
struction, rehabilitation, alteration, expansion, or im-
provement of such facilities, including related ma-
chinery and equipment, within an area described in
section 502(a), if the Regional Commission finds
that—
‘‘(A) the project for which financial assist-
ance is sought will directly or indirectly—
‘‘(i) tend to improve the opportunities,
in the area where such project is or will be
located, for the successful establishment or
expansion of industrial or commercial
plants or facilities;
‘‘(ii) otherwise assist in the creation
of additional long-term employment oppor-
tunities for such area; or
545
‘‘(iii) primarily benefit the long-term
unemployed and members of low-income
families;
‘‘(B) the project for which a grant is re-
quested will fulfill a pressing need of the area,
or part thereof, in which it is, or will be, lo-
cated;
‘‘(C) the area for which a project is to be
undertaken has an approved investment strat-
egy as provided by section 503 and such project
is consistent with such strategy; and
‘‘(D) in the case of an area described in
section 502(a)(4), the project to be undertaken
will provide immediate useful work to unem-
ployed and underemployed persons in that area;
and
‘‘(2) make supplementary grants in order to en-
able the States and other entities within areas de-
scribed in section 502(a) to take maximum advan-
tage of designated Federal grant-in-aid programs (as
defined in subsection (c)(4)), direct grants-in-aid au-
thorized under this section, and Federal grant-in-aid
programs authorized by the Watershed Protection
and Flood Prevention Act (68 Stat. 666), and the
11 watersheds authorized by the Flood Control Act
546
of December 22, 1944 (58 Stat. 887), for which
they are eligible but for which, because of their eco-
nomic situation, they cannot supply the required
matching share.
‘‘(b) COST SHARING.—Subject to subsection (c), the
amount of any direct grant under this subsection for any
project shall not exceed 50 percent of the cost of such
project.
‘‘(c) REQUIREMENTS
APPLICABLE
TO
SUPPLE-
MENTARY GRANTS.—
‘‘(1) AMOUNT OF SUPPLEMENTARY GRANTS.—
‘‘(A) IN GENERAL.—Except as provided by
subparagraph (B), the amount of any supple-
mentary grant under this section for any
project shall not exceed the applicable percent-
age established by regulations promulgated by
the Federal Cochairman, but in no event shall
the non-Federal share of the aggregate cost of
any such project (including assumptions of
debt) be less than 20 percent of such cost.
‘‘(B) EXCEPTIONS.—Notwithstanding sub-
paragraph (A)—
‘‘(i) in the case of a grant to an In-
dian tribe, a Regional Commission may re-
duce the non-Federal share below the per-
547
centage specified in subparagraph (A) or
may waive the non-Federal share;
‘‘(ii) in the case of any State or a po-
litical subdivision of the State which the
Regional Commission determines has ex-
hausted its effective taxing and borrowing
capacity, the Regional Commission shall
reduce the non-Federal share below the
percentage specified in subparagraph (A)
or shall waive the non-Federal share in the
case of such a grant for a project in an
area described in section 502(a)(4); and
‘‘(iii) in case of any community devel-
opment corporation which the Regional
Commission determines has exhausted its
effective borrowing capacity, the Regional
Commission may reduce the non-Federal
share below the percentage specified in
subparagraph (A) or waive the non-Federal
share in the case of such a grant for a
project in an area described in section
502(a)(4).
‘‘(2) FORM
OF
SUPPLEMENTARY
GRANTS.—
Supplementary grants shall be made by a Regional
Commission, in accordance with such regulations as
548
the Federal Cochairman may prescribe, by increas-
ing the amounts of direct grants authorized under
this section or by the payment of funds appropriated
under this Act to the heads of the departments,
agencies, and instrumentalities of the Federal Gov-
ernment responsible for the administration of the
applicable Federal programs.
‘‘(3) FEDERAL SHARE LIMITATIONS SPECIFIED
IN OTHER LAWS.—Notwithstanding any requirement
as to the amount or sources of non-Federal funds
that may otherwise be applicable to the Federal pro-
gram involved, funds provided under this subsection
shall be used for the sole purpose of increasing the
Federal contribution to specific projects in areas de-
scribed in section 502(a) under such programs above
the fixed maximum portion of the cost of such
project otherwise authorized by the applicable law.
‘‘(4) 
DESIGNATED
FEDERAL
GRANT-IN-AID
PROGRAMS DEFINED.—In this subsection, the term
‘designated Federal grant-in-aid programs’ means
such existing or future Federal grant-in-aid pro-
grams assisting in the construction or equipping of
facilities as the Federal Cochairman may, in further-
ance of the purposes of this Act, designate as eligi-
ble for allocation of funds under this section.
549
‘‘(5) CONSIDERATION OF RELATIVE NEED IN
DETERMINING
AMOUNT.—In 
determining 
the
amount of any supplementary grant available to any
project under this section, a Regional Commission
shall take into consideration the relative needs of the
area and the nature of the projects to be assisted.
‘‘(d) REGULATIONS.—The Federal Cochairman shall
prescribe rules, regulations, and procedures to carry out
this section which will assure that adequate consideration
is given to the relative needs of eligible areas. In prescrib-
ing such rules, regulations, and procedures the Federal
Cochairman shall consider among other relevant factors—
‘‘(1) the severity of the rates of unemployment
in the eligible areas and the duration of such unem-
ployment; and
‘‘(2) the income levels of families and the extent
of underemployment in eligible areas.
‘‘(e) REVIEW AND COMMENT UPON PROJECTS BY
LOCAL GOVERNMENTAL AUTHORITIES.—The Federal Co-
chairman shall prescribe regulations which will assure that
appropriate local governmental authorities have been given
a reasonable opportunity to review and comment upon
proposed projects under this section.
550
‘‘SEC. 202. CONSTRUCTION COST INCREASES.
‘‘In any case where a grant (including a supplemental
grant) has been made by a Regional Commission under
this title for a project and after such grant has been made
but before completion of the project, the cost of such
project based upon the designs and specifications which
were the basis of the grant has been increased because
of increases in costs, the amount of such grant may be
increased by an amount equal to the percentage increase,
as determined by the Regional Commission, in such costs,
but in no event shall the percentage of the Federal share
of such project exceed that originally provided for in such
grant.
‘‘SEC. 203. USE OF FUNDS IN PROJECTS CONSTRUCTED
UNDER PROJECTED COST.
‘‘In any case where a grant (including a supplemental
grant) has been made by a Regional Commission under
this title for a project, and after such grant has been made
but before completion of the project, the cost of such
project based upon the designs and specifications which
were the basis of the grant has decreased because of de-
creases in costs, such underrun funds may be used to im-
prove the project either directly or indirectly as deter-
mined by the Regional Commission.
551
‘‘SEC. 204. CHANGED PROJECT CIRCUMSTANCES.
‘‘In any case where a grant (including a supplemental
grant) has been made by a Regional Commission under
this title for a project, and after such grant has been made
but before completion of the project, the purpose or scope
of such project based upon the designs and specifications
which were the basis of the grant has changed, the Re-
gional Commission may approve the use of grant funds
on such changed project if the Regional Commission deter-
mines that such changed project meets the requirements
of this title and that such changes are necessary to en-
hance economic development in the area.
‘‘TITLE III—SPECIAL ECONOMIC
DEVELOPMENT AND ADJUST-
MENT ASSISTANCE
‘‘SEC. 301. STATEMENT OF PURPOSE.
‘‘The purpose of this title to provide special economic
development and adjustment assistance programs to help
State and local areas meet special needs arising from ac-
tual or threatened severe unemployment arising from eco-
nomic dislocation, including unemployment arising from
actions of the Federal Government and from compliance
with environmental requirements which remove economic
activities from a locality, and economic adjustment prob-
lems resulting from severe changes in economic conditions
(including long-term economic deterioration), and to en-
552
courage cooperative intergovernmental action to prevent
or solve economic adjustment problems. Nothing in this
title is intended to replace the efforts of the economic ad-
justment program of the Department of Defense.
‘‘SEC. 302. GRANTS BY REGIONAL COMMISSIONS.
‘‘(a) IN GENERAL.—A Regional Commission is au-
thorized to make grants directly to any eligible recipient
in an area which the Regional Commission determines, in
accordance with criteria to be established by the Federal
Cochairman by regulation—
‘‘(1) has experienced, or may reasonably be
foreseen to be about to experience, a special need to
meet an expected rise in unemployment, or other
economic adjustment problems (including those
caused by any action or decision of the Federal Gov-
ernment); or
‘‘(2) has demonstrated long-term economic de-
terioration.
‘‘(b) PURPOSES.—Amounts from grants under sub-
section (a) shall be used by an eligible recipient to carry
out or develop an investment strategy which—
‘‘(1) meets the requirements of section 503; and
‘‘(2) is approved by the Regional Commission.
‘‘(c) TYPES OF ASSISTANCE.—In carrying out an in-
vestment strategy using amounts from grants under sub-
553
section (a), an eligible recipient may provide assistance for
any of the following:
‘‘(1) Public facilities.
‘‘(2) Public services.
‘‘(3) Business development.
‘‘(4) Planning.
‘‘(5) Research and technical assistance.
‘‘(6) Administrative expenses.
‘‘(7) Training.
‘‘(8) Relocation of individuals and businesses.
‘‘(9) Other assistance which demonstrably fur-
thers the economic adjustment objectives of this
title.
‘‘(d) DIRECT EXPENDITURE OR REDISTRIBUTION BY
RECIPIENT.—Amounts from grants under subsection (a)
may be used in direct expenditures by the eligible recipient
or through redistribution by the eligible recipient to public
and private entities in grants, loans, loan guarantees, pay-
ments to reduce interest on loan guarantees, or other ap-
propriate assistance, but no grant shall be made by an
eligible recipient to a private profit-making entity.
‘‘(e) COORDINATION.—A Regional Commission to the
extent practicable shall coordinate the activities relating
to the requirements for investment strategies and making
grants and loans under this title with other Federal pro-
554
grams, States, economic development districts, and other
appropriate planning and development organizations.
‘‘(f) BASE CLOSINGS AND REALIGNMENTS.—
‘‘(1) LOCATION OF PROJECTS.—In any case in
which a Regional Commission determines a need for
assistance under subsection (a) due to the closure or
realignment of a military installation, the Regional
Commission may make such assistance available for
projects to be carried out on the military installation
and for projects to be carried out in communities ad-
versely affected by the closure or realignment.
‘‘(2) INTEREST IN PROPERTY.—Notwithstand-
ing any other provision of law, a Regional Commis-
sion may provide to an eligible recipient any assist-
ance available under this Act for a project to be car-
ried out on a military installation that is closed or
scheduled for closure or realignment without requir-
ing that the eligible recipient have title to the prop-
erty or a leasehold interest in the property for any
specified term.
‘‘SEC. 303. ANNUAL REPORTS BY RECIPIENT.
‘‘Each eligible recipient which receives assistance
under this title from a Regional Commission shall annu-
ally during the period such assistance continue to make
a full and complete report to the Regional Commission,
555
in such manner as the Regional Commission shall pre-
scribe, and such report shall contain an evaluation of the
effectiveness of the economic assistance provided under
this title in meeting the need it was designed to alleviate
and the purposes of this title.
‘‘SEC. 304. SALE OF FINANCIAL INSTRUMENTS IN REVOLV-
ING LOAN FUNDS.
‘‘Any loan, loan guarantee, equity, or other financial
instrument in the portfolio of a revolving loan fund, in-
cluding any financial instrument made available using
amounts from a grant made before the effective date of
the Economic Development Partnership Act of 1995, may
be sold, encumbered, or pledged at the discretion of the
grantee of the Fund, to a third party provided that the
net proceeds of the transaction—
‘‘(1) shall be deposited into the Fund and may
only be used for activities which are consistent with
the purposes of this title; and
‘‘(2) shall be subject to the financial manage-
ment, accounting, reporting, and auditing standards
which were originally applicable to the grant.
‘‘SEC. 305. TREATMENT OF REVOLVING LOAN FUNDS.
‘‘(a) IN GENERAL.—Amounts from grants made
under this title which are used by an eligible recipient to
establish a revolving loan fund shall not be treated, except
556
as provided by subsection (b), as amounts derived from
Federal funds for the purposes of any Federal law after
such amounts are loaned from the fund to a borrower and
repaid to the fund.
‘‘(b) EXCEPTIONS.—Amounts described in subsection
(a) which are loaned from a revolving loan fund to a bor-
rower and repaid to the fund—
‘‘(1) may only be used for activities which are
consistent with the purposes of this title; and
‘‘(2) shall be subject to the financial manage-
ment, accounting, reporting, and auditing standards
which were originally applicable to the grant.
‘‘(c) REGULATIONS.—Not later than 30 days after
the effective date of the Economic Development Partner-
ship Act of 1995, the Federal Cochairman shall issue reg-
ulations to carry out subsection (a).
‘‘(d) PUBLIC REVIEW AND COMMENT.—Before issu-
ing any final guidelines or administrative manuals govern-
ing the operation of revolving loan funds established using
amounts from grants under this title, the Federal Cochair-
man shall provide reasonable opportunity for public review
of and comment on such guidelines and administrative
manuals.
‘‘(e) APPLICABILITY
TO PAST GRANTS.—The re-
quirements of this section applicable to amounts from
557
grants made under this title shall also apply to amounts
from grants made, before the effective date of the Eco-
nomic Development Partnership Act of 1995, under title
I of this Act, as in effect on the day before such effective
date.
‘‘TITLE IV—TECHNICAL ASSIST-
ANCE, RESEARCH, AND IN-
FORMATION
‘‘SEC. 401. TECHNICAL ASSISTANCE.
‘‘(a) IN GENERAL.—In carrying out its duties under
this Act, a Regional Commission may provide technical as-
sistance which would be useful in alleviating or preventing
conditions 
of 
excessive 
unemployment 
or
underemployment to areas which the Regional Commis-
sion finds have substantial need for such assistance. Such
assistance shall include project planning and feasibility
studies, management and operational assistance, estab-
lishment of business outreach centers, and studies evaluat-
ing the needs of, and development potentialities for, eco-
nomic growth of such areas.
‘‘(b) PROCEDURES AND TERMS.—
‘‘(1) MANNER OF PROVIDING ASSISTANCE.—As-
sistance may be provided by a Regional Commission
through—
558
‘‘(A) members of the Regional Commis-
sion’s staff;
‘‘(B) the payment of funds authorized for
this section to departments or agencies of the
Federal Government;
‘‘(C) the employment of private individ-
uals, partnerships, firms, corporations, or suit-
able institutions under contracts entered into
for such purposes; or
‘‘(D) grants-in-aid to appropriate public or
private nonprofit State, area, district, or local
organizations.
‘‘(2) REPAYMENT
TERMS.—A Regional Com-
mission, in its discretion, may require the repayment
of assistance provided under this subsection and pre-
scribe the terms and conditions of such repayment.
‘‘(c) GRANTS
COVERING
ADMINISTRATIVE
EX-
PENSES.—
‘‘(1) IN
GENERAL.—A Regional Commission
may make grants to defray not to exceed 75 percent
of the administrative expenses of organizations
which the Regional Commission determines to be
qualified to receive grants-in-aid under subsections
(a) and (b); except that in the case of a grant under
this subsection to an Indian tribe, the Regional
559
Commission is authorized to defray up to 100 per-
cent of such expenses.
‘‘(2) 
DETERMINATION
OF
NON-FEDERAL
SHARE.—In determining the amount of the non-Fed-
eral share of such costs or expenses, a Regional
Commission shall give due consideration to all con-
tributions both in cash and in kind, fairly evaluated,
including contributions of space, equipment, and
services.
‘‘(3) 
USE
OF
GRANTS
WITH
PLANNING
GRANTS.—Where practicable, grants-in-aid author-
ized under this subsection shall be used in conjunc-
tion with other available planning grants to assure
adequate and effective planning and economical use
of funds.
‘‘(d) AVAILABILITY OF TECHNICAL INFORMATION;
FEDERAL PROCUREMENT.—A Regional Commission shall
aid areas described in section 502(a) and other areas by
furnishing to interested individuals, communities, indus-
tries, and enterprises within such areas any assistance,
technical information, market research, or other forms of
assistance, information, or advice which would be useful
in alleviating or preventing conditions of excessive unem-
ployment or underemployment within such areas. The Re-
gional Commission may furnish the procurement divisions
560
of the various departments, agencies, and other instru-
mentalities of the Federal Government with a list contain-
ing the names and addresses of business firms which are
located in areas described in section 502(a) and which are
desirous of obtaining Government contracts for the fur-
nishing of supplies or services, and designating the sup-
plies and services such firms are engaged in providing.
‘‘SEC. 402. ECONOMIC DEVELOPMENT PLANNING.
‘‘(a) DIRECT GRANTS.—
‘‘(1) IN
GENERAL.—A Regional Commission
may, upon application of any State, or city, or other
political subdivision of a State, or sub-State plan-
ning and development organization (including an
area described in section 502(a) or an economic de-
velopment district), make direct grants to such
State, city, or other political subdivision, or organi-
zation to pay up to 80 percent of the cost for eco-
nomic development planning.
‘‘(2) PLANNING
PROJECTS
SPECIFICALLY
IN-
CLUDED.—The planning for cities, other political
subdivisions, and sub-State planning and develop-
ment organizations (including areas described in sec-
tion 502(a) and economic development districts) as-
sisted under this section shall include systematic ef-
forts to reduce unemployment and increase incomes.
561
‘‘(3) PLANNING PROCESS.—The planning shall
be a continuous process involving public officials and
private citizens in analyzing local economies, defin-
ing development goals, determining project opportu-
nities, and formulating and implementing a develop-
ment program.
‘‘(4) COORDINATION
OF
ASSISTANCE
UNDER
SECTION 401(c).—The assistance available under
this section may be provided in addition to assist-
ance available under section 401(c) but shall not
supplant such assistance.
‘‘(b) COMPLIANCE WITH REVIEW PROCEDURE.—The
planning assistance authorized under this title shall be
used in conjunction with any other available Federal plan-
ning assistance to assure adequate and effective planning
and economical use of funds.
‘‘TITLE V—ELIGIBILITY AND
INVESTMENT STRATEGIES
‘‘PART A—ELIGIBILITY
‘‘SEC. 501. ELIGIBLE RECIPIENT DEFINED.
‘‘In this Act, the term ‘eligible recipient’ means an
area described in section 502(a), an economic development
district designated under section 510, an Indian tribe, a
State, a city or other political subdivision of a State, or
a consortium of such political subdivisions, or a public or
562
private nonprofit organization or association acting in co-
operation with officials of such political subdivisions.
‘‘SEC. 502. AREA ELIGIBILITY.
‘‘(a) CERTIFICATION.—In order to be eligible for as-
sistance under title II, an applicant seeking assistance to
undertake a project in an area shall certify, as part of
an application for such assistance, that the area on the
date of submission of such application meets 1 or more
of the following criteria:
‘‘(1) The area has a per capita income of 80
percent or less of the national average.
‘‘(2) The area has an unemployment rate 1 per-
cent above the national average percentage for the
most recent 24-month period for which statistics are
available.
‘‘(3) The area has experienced or is about to
experience a sudden economic dislocation resulting
in job loss that is significant both in terms of the
number of jobs eliminated and the effect upon the
employment rate of the area.
‘‘(4) The area is a community or neighborhood
(defined without regard to political or other subdivi-
sions or boundaries) which the Federal Cochairman
determines has one or more of the following condi-
tions:
563
‘‘(A) A large concentration of low-income
persons.
‘‘(B) Rural areas having substantial out-
migration.
‘‘(C) Substantial unemployment.
‘‘(b) DOCUMENTATION.—A certification made under
subsection (a) shall be supported by Federal data, when
available, and in other cases by data available through the
State government. Such documentation shall be accepted
by a Regional Commission unless it is determined to be
inaccurate. The most recent statistics available shall be
used.
‘‘(c) SPECIAL RULE.—An area which a Regional
Commission determines has 1 or more of the conditions
described in subsection (a)(4)—
‘‘(1) shall not be subject to the requirements of
subparagraphs (A) and (C) of section 201(a)(1); and
‘‘(2) shall not be eligible to meet the require-
ments of section 510(a)(1)(B).
‘‘(d) PRIOR DESIGNATIONS.—Any designation of a
redevelopment area made before the effective date of the
Economic Development Partnership Act of 1995 shall not
be effective after such effective date.
564
‘‘SEC. 503. INVESTMENT STRATEGY.
‘‘A Regional Commission may provide assistance
under titles II and III to an applicant for a project only
if the applicant submits to the Regional Commission, as
part of an application for such assistance, and the Re-
gional Commission approves an investment strategy
which—
‘‘(1) identifies the economic development prob-
lems to be addressed using such assistance;
‘‘(2) identifies past, present, and projected fu-
ture economic development investments in the area
receiving such assistance and public and private par-
ticipants and sources of funding for such invest-
ments;
‘‘(3) sets forth a strategy for addressing the
economic problems identified pursuant to paragraph
(1) and describes how the strategy will solve such
problems;
‘‘(4) provides a description of the project nec-
essary to implement the strategy, estimates of costs,
and timetables; and
‘‘(5) provides a summary of public and private
resources expected to be available for the project.
‘‘SEC. 504. APPROVAL OF PROJECTS.
‘‘Only applications for grants or other assistance
under this Act for specific projects shall be approved which
565
are certified by the State member of the Regional Com-
mission representing such applicant and determined by
the Federal Cochairman—
‘‘(1) to be included in a State investment strat-
egy approved by the Regional Commission;
‘‘(2) to have adequate assurance that the
project will be properly administered, operated, and
maintained; and
‘‘(3) to otherwise meet the requirements for as-
sistance under this Act.
‘‘PART B—ECONOMIC DEVELOPMENT DISTRICTS
‘‘SEC. 510. DESIGNATION OF ECONOMIC DEVELOPMENT
DISTRICTS AND ECONOMIC DEVELOPMENT
CENTERS.
‘‘(a) IN GENERAL.—In order that economic develop-
ment projects of broader geographic significance may be
planned and carried out, a Regional Commission may—
‘‘(1) designate appropriate ‘economic develop-
ment districts’ within the United States with the
concurrence of the States in which such districts will
be wholly or partially located, if—
‘‘(A) the proposed district is of sufficient
size or population, and contains sufficient re-
sources, to foster economic development on a
567
‘‘(A) the proposed center has been identi-
fied and included in an approved district invest-
ment strategy and recommended by the State
or States affected for such special designation;
‘‘(B) the proposed center is geographically
and economically so related to the district that
its economic growth may reasonably be expected
to contribute significantly to the alleviation of
distress in the areas described in section 502(a)
of the district; and
‘‘(C) the proposed center does not have a
population in excess of 250,000 according to
the most recent Federal census.
‘‘(3) provide financial assistance in accordance
with the criteria of this Act, except as may be herein
otherwise provided, for projects in economic develop-
ment centers designated under subsection (a)(2),
if—
‘‘(A) the project will further the objectives
of the investment strategy of the district in
which it is to be located:
‘‘(B) the project will enhance the economic
growth potential of the district or result in ad-
ditional long-term employment opportunities
568
commensurate with the amount of Federal fi-
nancial assistance requested; and
‘‘(C) the amount of Federal financial as-
sistance requested is reasonably related to the
size, population, and economic needs of the dis-
trict;
‘‘(4) subject to the 20 percent non-Federal
share required for any project by section 201(c), in-
crease the amount of grant assistance authorized by
section 201 for projects within areas described in
section 502(a), by an amount not to exceed 10 per-
cent of the aggregate cost of any such project, in ac-
cordance with such regulations as the Federal Co-
chairman shall prescribe if—
‘‘(A) the area described in section 502(a)
is situated within a designated economic devel-
opment district and is actively participating in
the economic development activities of the dis-
trict; and
‘‘(B) the project is consistent with an ap-
proved investment strategy.
‘‘(b) AUTHORITIES.—In designating economic devel-
opment districts and approving district investment strate-
gies under subsection (a), a Regional Commission may,
569
under regulations prescribed by the Federal Cochair-
man—
‘‘(1) invite the several States to draw up pro-
posed district boundaries and to identify potential
economic development centers;
‘‘(2) cooperate with the several States—
‘‘(A) in sponsoring and assisting district
economic planning and development groups;
and
‘‘(B) in assisting such district groups to
formulate district investment strategies; and
‘‘(3) encourage participation by appropriate
local governmental authorities in such economic de-
velopment districts.
‘‘(c) TERMINATION OR MODIFICATION OF DESIGNA-
TIONS.—The Federal Cochairman shall by regulation pre-
scribe standards for the termination or modification of
economic development districts and economic development
centers designated under the authority of this section.
‘‘(d) DEFINITIONS.—In this Act, the following defini-
tions apply:
‘‘(1) ECONOMIC DEVELOPMENT DISTRICT.—The
term ‘economic development district’ refers to any
area within the United States composed of cooperat-
ing areas described in section 502(a) and, where ap-
570
propriate, designated economic development centers
and neighboring counties or communities, which has
been designated by a Regional Commission as an
economic development district. Such term includes
any economic development district designated under
section 403 of this Act, as in effect on the day be-
fore the effective date of the Economic Development
Partnership Act of 1995.
‘‘(2) ECONOMIC DEVELOPMENT CENTER.—The
term ‘economic development center’ refers to any
area within the United States which has been identi-
fied as an economic development center in an ap-
proved investment strategy and which has been des-
ignated by a Regional Commission as eligible for fi-
nancial assistance under this Act in accordance with
the provisions of this section.
‘‘(3) LOCAL
GOVERNMENT.—The term ‘local
government’ means any city, county, town, parish,
village, or other general-purpose political subdivision
of a State.
‘‘(e) PARTS OF ECONOMIC DEVELOPMENT DISTRICTS
NOT WITHIN AREAS DESCRIBED IN SECTION 502(a).—
A Regional Commission is authorized to provide the finan-
cial assistance which is available to an area described in
section 502(a) under this Act to those parts of an eco-
571
nomic development district which are not within an area
described in section 502(a), when such assistance will be
of a substantial direct benefit to an area described in sec-
tion 502(a) within such district. Such financial assistance
shall be provided in the same manner and to the same
extent as is provided in this Act for an area described in
section 502(a); except that nothing in this subsection shall
be construed to permit such parts to receive the increase
in the amount of grant assistance authorized subsection
(a)(4).
‘‘TITLE VI—ADMINISTRATION
‘‘SEC. 601. FUNCTIONS OF ECONOMIC DEVELOPMENT COM-
MISSION.
‘‘In administering the Economic Development Com-
mission, the Federal Cochairman shall ensure that the
Commission—
‘‘(1) serves as a central information clearing-
house on matters relating to economic development,
economic adjustment, disaster recovery, and defense
conversion programs and activities of the Federal
and State governments, including political subdivi-
sions of the States; and
‘‘(2) helps potential and actual applicants for
economic development, economic adjustment, disas-
ter recovery, and defense conversion assistance
572
under Federal, State, and local laws in locating and
applying for such assistance, including financial and
technical assistance.
‘‘SEC. 602. CONSULTATION WITH OTHER PERSONS AND
AGENCIES.
‘‘(a) CONSULTATION ON PROBLEMS RELATING TO
EMPLOYMENT.—The Federal Cochairman is authorized
from time to time to call together and confer with any
persons, including representatives of labor, management,
agriculture, and government, who can assist in meeting
the problems of area and regional unemployment or
underemployment.
‘‘(b) CONSULTATION ON ADMINISTRATION OF ACT.—
The Federal Cochairman may make provisions for such
consultation with interested departments and agencies as
the Federal Cochairman may deem appropriate in the per-
formance of the functions vested in the Federal Cochair-
man by this Act.
‘‘SEC. 603. ADMINISTRATION, OPERATION, AND MAINTE-
NANCE.
‘‘No Federal assistance shall be approved under this
Act unless the Federal Cochairman is satisfied that the
project for which Federal assistance is granted will be
properly and efficiently administered, operated, and main-
tained.
573
‘‘SEC. 604. TREATMENT OF ECONOMIC DEVELOPMENT AD-
MINISTRATION EMPLOYEES.
‘‘In considering applications for employment at the
Economic Development Commission or in a Regional Com-
mission, preference shall be given to individuals who are
employees of the Economic Development Administration
on the effective date of the Economic Development Part-
nership Act of 1995.
‘‘TITLE VII—MISCELLANEOUS
‘‘SEC. 701. POWERS OF FEDERAL COCHAIRMAN.
‘‘(a) IN GENERAL.—In performing the Federal Co-
chairman’s duties under this Act, the Federal Cochairman
is authorized to—
‘‘(1) adopt, alter, and use a seal, which shall be
judicially noticed;
‘‘(2) subject to the civil-service and classifica-
tion laws, select, employ, appoint, and fix the com-
pensation of such personnel as may be necessary to
carry out the provisions of this Act;
‘‘(3) hold such hearings, sit and act at such
times and places, and take such testimony, as the
Federal Cochairman may deem advisable;
‘‘(4) request directly from any executive depart-
ment, bureau, agency, board, commission, office,
independent establishment, or instrumentality infor-
mation, suggestions, estimates, and statistics needed
574
to carry out the purposes of this Act; and each de-
partment, bureau, agency, board, commission, office,
establishment, or instrumentality is authorized to
furnish such information, suggestions, estimates,
and statistics directly to the Federal Cochairman;
‘‘(5) under regulations prescribed by the Fed-
eral Cochairman, assign or sell at public or private
sale, or otherwise dispose of for cash or credit, in
the Federal Cochairman’s discretion and upon such
terms and conditions and for such consideration as
the Federal Cochairman determines to be reason-
able, any evidence of debt, contract, claim, personal
property, or security assigned to or held by the Fed-
eral Cochairman in connection with assistance ex-
tended under this Act, and collect or compromise all
obligations assigned to or held by the Federal Co-
chairman in connection with such assistance until
such time as such obligations may be referred to the
Attorney General for suit or collection;
‘‘(6) deal with, complete, renovate, improve,
modernize, insure, rent, or sell for cash or credit,
upon such terms and conditions and for such consid-
eration as the Federal Cochairman determines to be
reasonable, any real or personal property conveyed
to, or otherwise acquired by the Federal Cochairman
575
in connection with assistance extended under this
Act;
‘‘(7) pursue to final collection, by way of com-
promise or other administrative action, prior to ref-
erence to the Attorney General, all claims against
third parties assigned to the Federal Cochairman in
connection with assistance extended this Act;
‘‘(8) acquire, in any lawful manner and in ac-
cordance with the requirements of the Federal Prop-
erty and Administrative Services Act of 1949, any
property (real, personal, or mixed, tangible or intan-
gible), whenever necessary or appropriate to the con-
duct of the activities authorized under this Act;
‘‘(9) in addition to any powers, functions, privi-
leges, and immunities otherwise vested in the Fed-
eral Cochairman, take any action, including the pro-
curement of the services of attorneys by contract,
determined by the Federal Cochairman to be nec-
essary or desirable in making, purchasing, servicing,
compromising, modifying, liquidating, or otherwise
administratively dealing with assets held in connec-
tion with financial assistance extended under this
Act;
‘‘(10) employ experts and consultants or organi-
zations as authorized by section 3109 of title 5,
576
United States Code, compensate individuals so em-
ployed at rates not in excess of $100 per diem, in-
cluding travel time, and allow them, while away from
their homes or regular places of business, travel ex-
penses (including per diem in lieu of subsistence) as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service em-
ployed intermittently, while so employed, except that
contracts for such employment may be renewed an-
nually;
‘‘(11) sue and be sued in any court of record
of a State having general jurisdiction or in any Unit-
ed States district court, and jurisdiction is conferred
upon such district court to determine such con-
troversies without regard to the amount in con-
troversy; but no attachment, injunction, garnish-
ment, or other similar process, mesne or final, shall
be issued against the Federal Cochairman or the
Federal Cochairman’s property;
‘‘(12) make discretionary grants, pursuant to
authorities otherwise available to a Regional Com-
mission under this Act and without regard to the re-
quirements of section 504, to implement significant
regional initiatives, to take advantage of special de-
velopment opportunities, or to respond to emergency
577
economic distress in the region from the funds with-
held from distribution to the Regional Commissions;
except that the aggregate amount of such discre-
tionary grants in any fiscal year may not exceed 10
percent of the amounts appropriated under title VIII
for such fiscal year; and
‘‘(13) establish such rules, regulations, and pro-
cedures as the Federal Cochairman considers appro-
priate in carrying out the provisions of this Act.
‘‘(b) 
DEFICIENCY
JUDGMENTS.—The 
authority
under subsection (a)(7) to pursue claims shall include the
authority to obtain deficiency judgments or otherwise in
the case of mortgages assigned to the Federal Cochair-
man.
‘‘(c) INAPPLICABILITY
OF CERTAIN OTHER RE-
QUIREMENTS.—Section 3709 of the Revised Statutes of
the United States shall not apply to any contract of haz-
ard insurance or to any purchase or contract for services
or supplies on account of property obtained by the Federal
Cochairman as a result of assistance extended under this
Act if the premium for the insurance or the amount of
the insurance does not exceed $1,000.
‘‘(d) POWERS OF CONVEYANCE AND EXECUTION.—
The power to convey and to execute, in the name of the
Federal Cochairman, deeds of conveyance, deeds of re-
578
lease, assignments and satisfactions of mortgages, and any
other written instrument relating to real or personal prop-
erty or any interest therein acquired by the Federal Co-
chairman pursuant to the provisions of this Act may be
exercised by the Federal Cochairman, or by any officer
or agent appointed by the Federal Cochairman for such
purpose, without the execution of any express delegation
of power or power of attorney.
‘‘SEC. 702. ALLOCATION OF FUNDS.
The Federal Cochairman shall establish a formula for
the equitable allocation among the Regional Commissions
of amounts appropriated to carry out this Act.
‘‘SEC. 703. PERFORMANCE MEASURES.
‘‘The Federal Cochairman shall establish perform-
ance measures for grants and other assistance provided
under this Act. Such performance measures shall be used
to evaluate project proposals and conduct evaluations of
projects receiving such assistance.
‘‘SEC. 704. MAINTENANCE OF STANDARDS.
‘‘The Federal Cochairman shall continue to imple-
ment and enforce the provisions of section 712 of this Act,
as in effect on the day before the effective date of the
Economic Development Partnership Act of 1995.
579
‘‘SEC. 705. TRANSFER OF FUNCTIONS.
‘‘The functions, powers, duties, and authorities and
the assets, funds, contracts, loans, liabilities, commit-
ments, authorizations, allocations, and records which are
vested in or authorized to be transferred to the Secretary
of the Treasury under section 29(b) of the Area Redevel-
opment Act, and all functions, powers, duties, and authori-
ties under section 29(c) of such Act are hereby vested in
the Federal Cochairman.
‘‘SEC. 706. DEFINITION OF STATE.
‘‘In this Act, the terms ‘State’, ‘States’, and ‘United
States’ include the several States and each of the other
political entities included in a region established by section
106.
‘‘SEC. 707. ANNUAL REPORT TO CONGRESS.
‘‘The Federal Cochairman shall transmit a com-
prehensive and detailed annual report to Congress of the
Federal Cochairman’s and each Regional Commission’s
operations under this Act for each fiscal year beginning
with the fiscal year ending September 30, 1996. Such re-
port shall be printed and shall be transmitted to Congress
not later than April 1 of the year following the fiscal year
with respect to which such report is made.
‘‘SEC. 708. USE OF OTHER FACILITIES.
‘‘(a) DELEGATION OF FUNCTIONS TO OTHER FED-
ERAL DEPARTMENTS AND AGENCIES.—The Federal Co-
580
chairman may delegate to the heads of other departments
and agencies of the Federal Government any of the Fed-
eral Cochairman’s functions, powers, and duties under this
Act as the Federal Cochairman may deem appropriate,
and to authorize the redelegation of such functions, pow-
ers, and duties by the heads of such departments and
agencies.
‘‘(b) DEPARTMENT
AND AGENCY EXECUTION
OF
DELEGATED AUTHORITY.—Departments and agencies of
the Federal Government shall exercise their powers, du-
ties, and functions in such manner as will assist in carry-
ing out the objectives of this Act.
‘‘(c) TRANSFER BETWEEN DEPARTMENTS.—Funds
authorized to be appropriated under this Act may be
transferred between departments and agencies of the Gov-
ernment, if such funds are used for the purposes for which
they are specifically authorized and appropriated.
‘‘(d) FUNDS TRANSFERRED FROM OTHER DEPART-
MENTS AND AGENCIES.—In order to carry out the objec-
tives of this Act, the Federal Cochairman may accept
transfers of funds from other departments and agencies
of the Federal Government if the funds are used for the
purposes for which (and in accordance with the terms
under which) the funds are specifically authorized and ap-
propriated. Such transferred funds shall remain available
581
until expended, and may be transferred to and merged
with the appropriations under the heading ‘salaries and
expenses’ by the Federal Cochairman to the extent nec-
essary to administer the program.
‘‘SEC. 709. PENALTIES.
‘‘(a) 
FALSE
STATEMENTS; 
SECURITY
OVER-
VALUATION.—Whoever makes any statement knowing it
to be false, or whoever willfully overvalues any security,
for the purpose of obtaining for such person or for any
applicant any financial assistance under this Act or any
extension of such assistance by renewal, deferment or ac-
tion, or otherwise, or the acceptance, release, or substi-
tution of security for such assistance, or for the purpose
of influencing in any way the action of the Federal Co-
chairman or a Regional Commission or for the purpose
of obtaining money, property, or anything of value, under
this Act, shall be fined under title 18, United States Code,
imprisoned for not more than 5 years, or both.
‘‘(b) 
EMBEZZLEMENT
AND
FRAUD-RELATED
CRIMES.—Whoever, being connected in any capacity with
the Federal Cochairman or a Regional Commission, in the
administration of this Act—
‘‘(1) embezzles, abstracts, purloins, or willfully
misapplies any moneys, funds, securities, or other
582
things of value, whether belonging to such person or
pledged or otherwise entrusted to such person;
‘‘(2) with intent to defraud the Federal Co-
chairman or a Regional Commission or any other
body politic or corporate, or any individual, or to de-
ceive any officer, auditor, or examiner, makes any
false entry in any book, report, or statement of or
to the Federal Cochairman or a Regional Commis-
sion, or without being duly authorized draws any or-
ders or issues, puts forth, or assigns any note, de-
benture, bond, or other obligation, or draft, bill of
exchange, mortgage, judgment, or decree thereof;
‘‘(3) with intent to defraud participates or
shares in or receives directly or indirectly any
money, profit, property, or benefit through any
transaction, loan, grant, commission, contract, or
any other act of the Federal Cochairman or a Re-
gional Commission; or
‘‘(4) gives any unauthorized information con-
cerning any future action of plan of the Federal Co-
chairman or a Regional Commission which might af-
fect the value of securities, or having such knowl-
edge invests or speculates, directly or indirectly, in
the securities or property of any company or cor-
poration receiving loans, grants, or other assistance
583
from the Federal Cochairman or a Regional Com-
mission,
shall be fined under title 18, United States Code, impris-
oned for not more than 5 years, or both.
‘‘SEC. 710. EMPLOYMENT OF EXPEDITERS AND ADMINIS-
TRATIVE EMPLOYEES.
‘‘No financial assistance shall be extended by a Re-
gional Commission under this Act to any business enter-
prise unless the owners, partners, or officers of such busi-
ness enterprise—
‘‘(1) certify to the Regional Commission the
names of any attorneys, agents, and other persons
engaged by or on behalf of such business enterprise
for the purpose of expediting applications made to
the Regional Commission for assistance of any sort,
under this Act, and the fees paid or to be paid to
any such person; and
‘‘(2) execute an agreement binding such busi-
ness enterprise, for a period of 2 years after such
assistance is rendered by the Regional Commission
to such business enterprise, to refrain from employ-
ing, tendering any office or employment to, or re-
taining for professional services, any person who, on
the date such assistance or any part thereof was
rendered, or within the 1-year period ending on such
584
date, shall have served as an officer, attorney, agent,
or employee, occupying a position or engaging in ac-
tivities which the Regional Commission determines
involves discretion with respect to the granting of
assistance under this Act.
‘‘SEC. 711. PERSONAL FINANCIAL INTERESTS.
‘‘(a) IN GENERAL.—Except as permitted by sub-
section (b), no State member or alternate and no officer
or employee of a Regional Commission shall participate
personally and substantially as member, alternate, officer,
or employee, through decision, approval, disapproval, rec-
ommendation, the rendering of advice, investigation, or
otherwise, in any proceeding, application, request for a
ruling or other determination, contract, claim, con-
troversy, or other particular matter in which, to the indi-
vidual’s knowledge, the individual, the individual’s spouse,
minor child, partner, organization (other than a State or
political subdivision thereof) in which the individual is
serving as officer, director, trustee, partner, or employee,
or any person or organization with whom the individual
is serving as officer, director, trustee, partner, or em-
ployee, or any person or organization with whom the indi-
vidual is negotiating or has any arrangement concerning
prospective employment, has a financial interest. Any indi-
vidual who shall violate the provisions of this subsection
585
shall be fined under title 18, United States Code, impris-
oned for not more than 2 years, or both.
‘‘(b) EXCEPTION.—Subsection (a) shall not apply if
the State member, alternate, officer, or employee first ad-
vises the Regional Commission of the nature and cir-
cumstances of the proceeding, application, request for a
ruling or other determination, contract, claim, con-
troversy, or other particular matter and makes full disclo-
sure of the financial interest and receives in advance a
written determination made by the Regional Commission
that the interest is not so substantial as to be deemed like-
ly to affect the integrity of the services which the Regional
Commission may expect from such State member, alter-
nate, officer, or employee.
‘‘(c) SALARIES.—No State member or alternate of a
Regional Commission shall receive any salary, or any con-
tribution to or supplementation of salary for the individ-
ual’s services on the Regional Commission from any
source other than the State of the individual. No individ-
ual detailed to serve the Regional Commission under au-
thority of section 105 shall receive any salary or any con-
tribution to or supplementation of salary for the individ-
ual’s services on the Regional Commission from any
source other than the State, local, or intergovernmental
department or agency from which he was detailed or from
586
the Regional Commission. Any individual who shall violate
the provisions of this subsection shall be fined under title
18, United States Code, imprisoned for not more than 1
year, or both.
‘‘(d) NONAPPLICABILITY TO FEDERAL OFFICIALS.—
Notwithstanding any other provision of this section, the
Federal Cochairman (or the Federal Cochairman’s alter-
nate) and any Federal officers or employees detailed to
duty with a Regional Commission pursuant to section 105
shall not be subject to such provisions but shall remain
subject to sections 202 through 209 of title 18, United
States Code.
‘‘(e) AUTHORITY TO RESCIND CERTAIN AGREE-
MENTS.—A Regional Commission may, in the Regional
Commission’s discretion, declare void and rescind any
agreement to extend financial assistance under this Act
entered into by the Regional Commission in relation to
which the Regional Commission finds that there has been
a violation of subsection (a) or (c) of this section or any
of the provisions of sections 202 through 209 of title 18,
United States Code.
587
‘‘SEC. 712. MAINTENANCE OF RECORDS OF APPROVED AP-
PLICATIONS FOR FINANCIAL ASSISTANCE;
PUBLIC INSPECTION.
‘‘(a) MAINTENANCE OF RECORD REQUIRED.—The
Federal Cochairman shall maintain as a permanent part
of the records of the Economic Development Commission
a list of applications approved for financial assistance
under this Act, which shall be kept available for public
inspection during the regular business hours of the Eco-
nomic Development Commission.
‘‘(b) POSTING TO LIST.—The following information
shall be posted in such list as soon as each application
is approved:
‘‘(1) The name of the applicant and, in the case
of corporate applications, the names of the officers
and directors thereof.
‘‘(2) The amount and duration of the financial
assistance for which application is made.
‘‘(3) The purposes for which the proceeds of the
financial assistance are to be used.
‘‘SEC. 713. RECORDS AND AUDIT.
‘‘(a) RECORDKEEPING AND DISCLOSURE REQUIRE-
MENTS.—Each recipient of assistance under this Act shall
keep such records as the Federal Cochairman shall pre-
scribe, including records which fully disclose the amount
and the disposition by such recipient of the proceeds of
588
such assistance, the total cost of the project or undertak-
ing in connection with which such assistance is given or
used, and the amount and nature of that portion of the
cost of the project or undertaking supplied by other
sources, and such other records as will facilitate an effec-
tive audit.
‘‘(b) ACCESS
TO BOOKS
FOR EXAMINATION
AND
AUDIT.—The Federal Cochairman and the Comptroller
General of the United States, or any of their duly author-
ized representatives, shall have access for the purpose of
audit and examination to any books, documents, papers,
and records of the recipient that are pertinent to assist-
ance received under this Act.
‘‘SEC. 714. PROHIBITION AGAINST A STATUTORY CON-
STRUCTION WHICH MIGHT CAUSE DIMINU-
TION IN OTHER FEDERAL ASSISTANCE.
‘‘All financial and technical assistance authorized
under this Act shall be in addition to any Federal assist-
ance previously authorized, and no provision of this Act
shall be construed as authorizing or permitting any reduc-
tion or diminution in the proportional amount of Federal
assistance to which any State or other entity eligible under
this Act would otherwise be entitled under the provisions
of any other Act.
589
‘‘SEC. 715. ACCEPTANCE OF APPLICANTS’ CERTIFICATIONS.
‘‘A Regional Commission may accept, when deemed
appropriate, the applicants’ certifications to meet the re-
quirements of this Act.
‘‘TITLE VIII—FUNDING
‘‘SEC. 801. AUTHORIZATION OF APPROPRIATIONS
‘‘There is authorized to be appropriated to carry out
this Act $340,000,000 per fiscal year for each of fiscal
years 1996, 1997, 1998, 1999, and 2000. Such sums shall
remain available until expended.
‘‘SEC. 802. DEFENSE CONVERSION ACTIVITIES.
‘‘In addition to the appropriations authorized by sec-
tion 801, there are authorized to be appropriated to carry
out this Act such sums as may be necessary to provide
assistance for defense conversion activities. Such funding
may include pilot projects for privatization and economic
development activities for closed or realigned military in-
stallations. Such sums shall remain available until ex-
pended.’’.
SEC. 10512. CONFORMING AMENDMENTS.
Title 5, United States Code, is amended—
(1) in section 5314 by adding at the end the
following:
‘‘Federal Cochairman of the Economic Develop-
ment Commission.’’; and
(2) in section 5316—
590
(A) by striking the following:
‘‘Administrator for Economic Development.’’;
and
(B) by adding at the end the following:
‘‘Alternate for the Federal Cochairman of the
Economic Development Commission.’’.
SEC. 10513. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, any officer or employee of any
office transferred by this chapter, or any other Gov-
ernment official, or by a court of competent jurisdic-
tion, in the performance of any function that is
transferred by this chapter; and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
591
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This chapter shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this Act before an office
transferred by this chapter, but such proceedings and ap-
plications shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
chapter had not been enacted, and orders issued in any
such proceeding shall continue in effect until modified, ter-
minated, superseded, or revoked by a duly authorized offi-
cial, by a court of competent jurisdiction, or by operation
of law. Nothing in this subsection shall be considered to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been dis-
continued or modified if this chapter had not been en-
acted.
(c) SUITS.—This chapter shall not affect suits com-
menced before the date of the enactment of this Act, and
in all such suits, proceeding shall be had, appeals taken,
and judgments rendered in the same manner and with the
same effect as if this chapter had not been enacted.
592
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Commerce or the Secretary of Commerce, or by
or against any individual in the official capacity of such
individual as an officer or employee of an office trans-
ferred by this chapter, shall abate by reason of the enact-
ment of this chapter.
(e) CONTINUANCE OF SUITS.—If any officer of the
Department of Commerce in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and under this chapter such function is transferred
to any other officer or office, then such suit shall be con-
tinued with the other officer or the head of such other
office, as applicable, substituted or added as a party.
SEC. 10514. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to an office from which a func-
tion is transferred by this chapter—
(1) to the Secretary of Commerce or an officer
of the Department of Commerce, is deemed to refer
to the head of the department or office to which
such function is transferred; or
(2) to the Department of Commerce or an
agency in the Department of Commerce is deemed
593
to refer to the department or office to which such
function is transferred.
CHAPTER 2—APPALACHIAN REGIONAL
DEVELOPMENT
SEC. 10521. FINDINGS AND PURPOSES.
Section 2 of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App. 2) is amended by adding
at the end the following:
‘‘(c) 1995 FINDINGS AND PURPOSES.—The Congress
further finds and declares that, while substantial progress
has been made in fulfilling many of the objectives of this
Act, rapidly changing national and global economies over
the past decade have created new problems and challenges
for rural areas throughout the Nation and especially for
the Appalachian region. It is, therefore, also the purpose
of this Act to assist the region in providing the infrastruc-
ture necessary for economic and human resource develop-
ment, in developing its industry, in building entrepreneur-
ial communities, in generating a diversified regional econ-
omy, and in making its industrial and commercial re-
sources more competitive in national and world markets.
It is further the purpose of this Act to provide a frame-
work for coordinating Federal, State, and local initiatives
to respond to the economic competitive challenge through
improving the skills of the region’s workforce, adapting
594
and applying new technologies for the region’s businesses,
and improving the access of the region’s businesses to the
technical and financial resources necessary to their devel-
opment. Finally, it is the purpose of this Act to address
the needs of severely and persistently distressed and un-
derdeveloped areas of the region so as to provide a fairer
opportunity for the people of the region to share the qual-
ity of life generally enjoyed by citizens across this Na-
tion.’’.
SEC. 10522. MEETINGS.
(a) ANNUAL
MEETING
REQUIREMENT.—Section
101(a) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App. 101(a)) is amended by adding at
the end the following: ‘‘The Commission shall conduct at
least one meeting each year with the Federal Cochairman
and at least a majority of the State members present.’’.
(b) 
ADDITIONAL
MEETINGS
BY
ELECTRONIC
MEANS.—Section 101 of such Act (40 U.S.C. App. 101)
is amended—
(1) in subsection (a), as amended by subsection
(a) of this section, by adding at the end the follow-
ing: ‘‘The Commission may conduct such additional
meetings by electronic means as the Commission
considers advisable, including meetings to decide
matters requiring an affirmative vote.’’; and
595
(2) in subsection (c) by striking ‘‘to be present’’
at the end of the fourth sentence.
(c) DECISIONS
REQUIRING
A
QUORUM.—Section
101(b) of such Act (40 U.S.C. App. 101(b)) is amended
by striking the third sentence and inserting the following:
‘‘No decision involving Commission policy, approval of
State, regional, or subregional development plans or imple-
menting investment programs, any modification or revi-
sion of the Appalachian Regional Commission Code, any
allocation of funds among the State, or any designation
of a distressed county or an economically competitive
county may be made without a quorum of State mem-
bers.’’.
SEC. 10523. AUTHORIZATIONS FOR ADMINISTRATIVE EX-
PENSES.
Section 105(b) of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 105(b)) is amended
to read as follows:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section $3,645,000
per fiscal year for each of fiscal years 1996 through
2000. Such sums shall remain available until ex-
pended.
596
‘‘(2) EXPENSES OF FEDERAL COCHAIRMAN.—
Of the amounts appropriated pursuant to paragraph
(1), not to exceed $1,245,000 per fiscal year for
each of fiscal years 1996 through 2000 shall be
available for expenses of the Federal Cochairman,
the Federal Cochairman’s alternate, and the Federal
Cochairman’s staff.’’.
SEC. 10524. ADMINISTRATIVE POWERS OF COMMISSION.
(a) AUTHORITY TO LEASE.—Section 106(7) of the
Appalachian Regional Development Act of 1965 (40
U.S.C. App. 106(7)) is amended—
(1) by inserting ‘‘subject to the requirements of
the Federal Property and Administrative Services
Act of 1949,’’ after ‘‘(7)’’;
(2) by striking ‘‘notwithstanding any other pro-
vision of law,’’; and
(3) by striking ‘‘1982’’ and inserting ‘‘2000’’.
(b) AUTHORITY TO MAINTAIN TEMPORARY OF-
FICE.—Section 106(8) of such Act (40 U.S.C. App.
106(8)) is amended by inserting ‘‘subject to the require-
ments of the Federal Property and Administrative Serv-
ices Act of 1949,’’ after ‘‘(8)’’.
SEC. 10525. HIGHWAY SYSTEM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
201(g) of the Appalachian Regional Development Act of
597
1965 (40 U.S.C. App. 201(g)) is amended to read as fol-
lows:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
$90,000,000 per fiscal year for each of fiscal years 1996
through 2000. Such sums shall remain available until ex-
pended.’’.
(b) COST SHARING.—
(1) IN GENERAL.—Section 201(h)(1) of such
Act (40 U.S.C. App. 201(h)(1)) is amended by strik-
ing ‘‘70 per centum’’ and inserting ‘‘80 percent’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall apply to projects approved after
March 31, 1979.
SEC. 10526. COST SHARING OF DEMONSTRATION HEALTH
PROJECTS.
(a) OPERATION COSTS.—Section 202(c) of the Appa-
lachian Regional Development Act of 1965 (40 U.S.C.
App. 202(c)) is amended in the first sentence by striking
‘‘100 per centum of the costs thereof’’ and all that follows
through the period at the end of the second sentence and
inserting ‘‘50 percent of the costs thereof (or 80 percent
of such costs in the case of a project to be carried out
in a county for which a distressed county designation is
in effect under section 226).’’.
598
(b) COST SHARING.—Section 202 of such Act (40
U.S.C. App. 202) is amended by adding at the end the
following:
‘‘(f) MAXIMUM COMMISSION CONTRIBUTION AFTER
SEPTEMBER 30, 1995.—After September 30, 1995, not
more than 50 percent of any project cost eligible for finan-
cial assistance under this section may be provided from
funds appropriated to carry out this Act; except that such
maximum Commission contribution may be increased to
80 percent, or to the percentage of the maximum Federal
contribution authorized by this section, whichever is less,
for a project to be carried out in a county for which a
distressed county designation is in effect under section
226.’’.
SEC. 10527. REPEAL OF LAND STABILIZATION, CONSERVA-
TION, AND EROSION CONTROL PROGRAM.
Section 203 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 203) is repealed.
SEC. 10528. REPEAL OF TIMBER DEVELOPMENT PROGRAM.
Section 204 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 204) is repealed.
SEC. 10529. REPEAL OF MINING AREA RESTORATION PRO-
GRAM.
Section 205 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 205) is repealed.
599
SEC. 10530. REPEAL OF WATER RESOURCE SURVEY.
Section 206 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 206) is repealed.
SEC. 10531. COST SHARING OF HOUSING PROJECTS.
(a) LOANS.—Section 207(b) of the Appalachian Re-
gional Development Act of 1965 (40 U.S.C. App. 207(b))
is amended by striking ‘‘80 per centum’’ and inserting ‘‘50
percent (or 80 percent in the case of a project to be carried
out in a county for which a distressed county designation
is in effect under section 226)’’.
(b) GRANTS.—Section 207(c)(1) of such Act (40
U.S.C. 207(c)(1)) is amended by striking ‘‘80 per cen-
tum’’ and inserting ‘‘50 percent (or 80 percent in the case
of a project to be carried out in a county for which a dis-
tressed county designation is in effect under section
226)’’.
SEC. 10532. REPEAL OF AIRPORT SAFETY IMPROVEMENTS
PROGRAM.
Section 208 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 208) is repealed.
SEC. 10533. COST SHARING OF VOCATIONAL EDUCATION
AND 
EDUCATION 
DEMONSTRATION
PROJECTS.
(a) OPERATION COSTS.—Section 211(b)(3) of the
Appalachian Regional Development Act of 1965 (40
U.S.C. App. 211(b)(3)) is amended in the first sentence
600
by striking ‘‘100 per centum of the costs thereof’’ and all
that follows through the period at the end of the second
sentence and inserting ‘‘50 percent of the costs thereof
(or 80 percent of such costs in the case of a project to
be carried out in a county for which a distressed county
designation is in effect under section 226).’’
(b) COST SHARING.—Section 211 of such Act (40
U.S.C. App. 211) is amended by adding at the end the
following:
‘‘(c) MAXIMUM COMMISSION CONTRIBUTION AFTER
SEPTEMBER 30, 1995.—After September 30, 1995, not
more than 50 percent of any project cost eligible for finan-
cial assistance under this section may be provided from
funds appropriated to carry out this Act; except that such
maximum Commission contribution may be increased to
80 percent, or to the percentage of the maximum Federal
contribution authorized by this section, whichever is less,
for a project to be carried out in a county for which a
distressed county designation is in effect under section
226.’’.
SEC. 10534. SEWAGE TREATMENT WORKS PROGRAM.
Section 212 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 212) is repealed.
601
SEC. 10535. REPEAL OF AMENDMENTS TO HOUSING ACT OF
1954.
Section 213 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 213) is repealed.
SEC. 10536. SUPPLEMENTS TO FEDERAL GRANT-IN-AID
PROGRAMS.
(a) AVAILABILITY OF AMOUNTS.—The first sentence
of section 214(a) of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 214(a)) is amended
by striking ‘‘the President is authorized to provide funds
to the Federal Cochairman to be used’’ and inserting ‘‘the
Federal Cochairman may use amounts made available to
carry out this section’’.
(b) COST SHARING.—Section 214(b) of such Act (40
U.S.C. App. 214(b)) is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;
and
(2) by adding at the end the following:
‘‘(2) After September 30, 1995, not more than 50
percent of any project cost eligible for financial assistance
under this section may be provided from funds appro-
priated to carry out this Act; except that such maximum
Commission contribution may be increased to 80 percent
for a project to be carried out in a county for which a
distressed county designation is in effect under section
226.’’.
602
(c) FEDERAL GRANT-IN-AID PROGRAMS DEFINED.—
The first sentence of section 214(c) of such Act (40 U.S.C.
App. 214(c)) is amended by striking ‘‘on or before Decem-
ber 31, 1980,’’.
(d) LIMITATION ON COVERED ROAD PROJECTS.—
The second sentence of section 214(c) of such Act is
amended by inserting ‘‘authorized by title 23, United
States Code’’ after ‘‘road construction’’.
SEC. 10537. PROGRAM DEVELOPMENT CRITERIA.
(a) CONSIDERATIONS.—Section 224(a) of the Appa-
lachian Regional Development Act of 1965 (40 U.S.C.
App. 224(a)) is amended by inserting before the semicolon
at the end of paragraph (1) the following: ‘‘or in a severely
and persistently distressed and underdeveloped county or
area’’.
(b) OUTCOME MEASUREMENTS.—Section 224(a) of
such Act is further amended—
(1) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(6) the extent to which the project design pro-
vides for detailed outcome measurements by which
grant expenditures may be justified.’’.
603
(c) REMOVAL OF LIMITATIONS.—Section 224(b) of
such Act (40 U.S.C. App. 224(b)) is amended to read as
follows:
‘‘(b) LIMITATION.—No financial assistance made
available under this Act may be used to assist establish-
ments relocating from one area to another.’’.
SEC. 10538. DISTRESSED AND ECONOMICALLY COMPETI-
TIVE COUNTIES.
Part C of title II of the Appalachian Regional Devel-
opment Act of 1965 (40 U.S.C. App. 221–225) is amend-
ed by adding at the end the following:
‘‘SEC. 226. DISTRESSED AND ECONOMICALLY COMPETITIVE
COUNTIES.
‘‘(a) DESIGNATIONS.—Not later than 90 days after
the effective date of the Economic Development Partner-
ship Act of 1995, and annually thereafter, the Commis-
sion, in accordance with such criteria as the Commission
may establish, shall—
‘‘(1) designate as ‘distressed counties’ those
counties in the region that are the most severely and
persistently distressed and underdeveloped; and
‘‘(2) designate as ‘economically competitive
counties’ those counties in the region which have at-
tained substantial economic parity with the rest of
the Nation.
604
‘‘(b) PERIOD OF EFFECTIVENESS.—In making an-
nual designations under subsection (a), the Commission
may discontinue an existing designation at the discretion
of the Commission; except that any designation of a dis-
tressed county shall remain in effect for the 3-year period
beginning on the date of the designation.
‘‘(c) FUNDING PROHIBITION
FOR PROJECTS LO-
CATED IN ECONOMICALLY COMPETITIVE COUNTIES.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), no funds may be provided under this
Act for a project located in a county for which an
economically competitive county designation is in ef-
fect under this section.
‘‘(2) EXCEPTIONS.—The prohibition established
by paragraph (1) shall not apply to—
‘‘(A) projects on the Appalachian develop-
ment highway system authorized by section
201;
‘‘(B) local development district administra-
tive projects authorized by section 302(a)(1); or
‘‘(C) discretionary grants authorized by
section 302(a).’’.
605
SEC. 10539. GRANTS FOR ADMINISTRATIVE EXPENSES AND
COMMISSION PROJECTS.
(a) AVAILABILITY OF AMOUNTS.—Section 302(a) of
the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 302(a)) is amended—
(1) by striking ‘‘The President’’ and inserting
‘‘The Commission’’; and
(2) in paragraphs (1), (2), and (3) by striking
‘‘to the Commission’’ each place it appears.
(b) COST SHARING.—Section 302(a) of such Act is
further amended—
(1) in paragraph (1) by striking ‘‘75 per cen-
tum’’ and inserting ‘‘50 percent’’; and
(2) by adding at the end the following: ‘‘After
September 30, 1995, not more than 50 percent of
the cost of any activity eligible for financial assist-
ance under this section may be provided from funds
appropriated to carry out this Act (or 80 percent of
such costs in the case of a project to be carried out
in a county for which a distressed county designa-
tion is in effect under section 226); except that dis-
cretionary grants by the Commission to implement
significant regional initiatives, to take advantage of
special development opportunities, or to respond to
emergency economic distress in the region may be
made without regard to such percentage limitations.
606
The aggregate amount of discretionary grants re-
ferred to in the preceding sentence in any fiscal year
shall not exceed 10 percent of the amounts appro-
priated under section 401 for such fiscal year.’’.
(c) REPEALS.—Section 302 of such Act (40 U.S.C.
App. 302) is amended—
(1) by striking paragraphs (3) and (4) of sub-
section (b);
(2) by striking subsection (d); and
(3) by striking subsection (e).
SEC. 10540. AUTHORIZATION OF APPROPRIATIONS FOR
GENERAL PROGRAM.
Section 401 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 401) is amended to
read as follows:
‘‘SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
‘‘In addition to the appropriations authorized by sec-
tion 105 for administrative expenses and by section 201(g)
for the Appalachian development highway system and
local access roads, there is authorized to be appropriated
to the Commission to carry out this Act $88,355,000 per
fiscal year for each of fiscal years 1996 through 2000.
Such sums shall remain available until expended.’’.
607
SEC. 10541. EXTENSION OF TERMINATION DATE.
Section 405 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App. 405) is amended by
striking ‘‘1982’’ and inserting ‘‘2000’’.
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.
608
Sec. 11035. Improved efficiency in health care resource management.
Sec. 11036. Sharing agreements for specialized medical resources.
Sec. 11037. Personnel furnishing shared resources.
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.
(a) TITLE 38.—Section 5317(g) of title 38, United
States Code, is amended by striking out ‘‘September 30,
1998’’ and inserting in lieu thereof ‘‘September 30,
2002’’.
609
(b) INTERNAL REVENUE CODE OF 1986.—Section
6103(l)(7)(D) of the Internal Revenue Code of 1986 is
amended by striking out ‘‘Clause (viii) shall not apply
after September 30, 1998’’ and inserting in lieu thereof
‘‘Clause (viii) shall not apply after September 30, 2002’’.
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’’.
610
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’’.
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
611
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
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.
612
(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
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.’’.
613
(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-
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.
614
‘‘(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)).’’.
(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
616
‘‘(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
(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
617
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.
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
618
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.’’.
(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—