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51 records in US in 1994
United States · United States Congress · 29 November 1994
Eliminates racially segregationist language in the Second Morrill Act, which relates to land-grant colleges and institutions.
United States · United States Congress · 8 October 1994
Amends Federal law with respect to nonprofit group donations to the National Forest System to permit the Forest Service to fund a project with appropriated moneys provided the nonprofit has a written Forest Service reimbursement agreement. Requires the Secretary of Agriculture to establish written rules for contribution acceptance.
United States · United States Congress · 8 October 1994
Expresses the sense of the Senate with respect to forest management plan implementation, including that the Secretary of Agriculture recognize the multiple uses of national forests.
United States · United States Congress · 7 October 1994
Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Act, 1995 to limit certain disaster payments available to peanut producers.
United States · United States Congress · 7 October 1994
Forest Biodiversity and Clearcutting Prohibition Act of 1993 - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974, the Federal Land Policy and Management Act of 1976, the National Wildlife Refuge System Administration Act of 1966, the National Indian Forest Resources Management Act, and other Federal law to provide for the conservation of native biodiversity in each national forest community. Revises land management guidelines for such forests to prohibit any even-age logging or even-age management. Directs the Secretary of Agriculture, on each site already under such management, to: (1) prescribe a shift to selection management; or (2) cease managing for timber purposes and actively restore the native biodiversity or permit each site to regain its native biodiversity. Prohibits extractive logging in specified National Forest areas.
United States · United States Congress · 7 October 1994
Superior National Forest Fund Act - Authorizes the Secretary of Agriculture to collect recreation use fees and sell recreation use passes on a temporary basis within the Superior National Forest, Minnesota.
United States · United States Congress · 7 October 1994
Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. Directs the Secretary of Agriculture to prepare a Preserve management plan. Prohibits, with specified exceptions: (1) logging or other timber harvesting; (2) off road motorized travel; and (3) road construction and the use of specified existing roads. Authorizes the Secretary to acquire private lands within the Preserve.
United States · United States Congress · 7 October 1994
Farm Viability and Pest Management Improvement Act of 1994: A National Program for Pesticide Reduction - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency (EPA) to establish a pesticide reduction council in each EPA region. Directs the Administrator and the Secretary of Agriculture to carry out specified activities with respect to assessing and approving integrated pest management systems and pesticide reduction plans and goals and implementing programs to assist farmers in adopting such systems. Requires the Administrator to reduce or restrict the use of pesticides that contribute significant health and environmental risks or to amend labels of such pesticides in regions where goals of this Act have not been met. Requires the Administrator to set quantitative goals for reducing or eliminating the use of nonagricultural pesticides and carry out plans to achieve such goals within six years. Directs Federal agencies to establish pesticide reduction goals and to implement integrated pest management systems. Requires the Secretary to determine the percentage of food purchases throughout the United States that are organically produced. Directs Federal agencies to develop procurement plans that ensure that the percentage of an agency's purchase of organically produced food meets or exceeds such percentage, and meets or exceeds twice such percentage, within three and six years of this Act's enactment, respectively. Directs the Secretary and the Administrator to establish a national pesticide use recordkeeping and reporting system for agricultural and nonagricultural applications. Imposes penalties for violations of recordkeeping and reporting requirements. Repeals certain existing pesticide recordkeeping requirements. Directs the Secretary to ensure that the goal of: (1) all pest and weed management research and extension activities within the Agricultural Research Service and the Cooperative Extension Service is the development and transfer of technology related to integrated pest management systems that reduce pesticide use; and (2) pest management research by the National Research Initiative in the areas of plant systems and natural resources and environment is development of biological, cultural, and other nonchemical methods of pest control that reduce pesticide use. Requires the Secretary to adopt regulations establishing priorities and resource allocations for competitive grants research in integrated pest management systems. Allocates at least ten percent of Agricultural Conservation Program funding for the integrated crop management program.
United States · United States Congress · 7 October 1994
Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a U.S. district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury; or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.
United States · United States Congress · 7 October 1994
National Composting Act of 1994 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Secretary of Agriculture to appoint a national composting coordinator to develop source-separated composting programs, guidelines, and related activities. Authorizes appropriations. Directs the Secretary to include compost usage as a conservation practice eligible for Federal cost sharing.
United States · United States Congress · 6 October 1994
Humane and Safe Commercial Transportation of Horses for Slaughter Act of 1994 - Amends Federal law to require the Secretary of Agriculture to issue regulations governing the humane commercial transportation of horses for slaughter. Authorizes appropriations.
United States · United States Congress · 6 October 1994
Thoroughbred Horse Industry Promotion and Research Act of 1994 - Directs the Secretary of Agriculture to issue an order creating a thoroughbred horse industry promotion plan. Establishes as part of such plan a Thoroughbred Horse Industry Promotion Board. Requires a plan approval or suspension referendum among owners and racetracks. Authorizes appropriations.
United States · United States Congress · 6 October 1994
Food for Trade Act of 1994 - Amends the Agricultural Trade Development and Assistance Act of 1954 to require the Secretary of Agriculture to conduct a pilot program to establish permanent, self-sustaining organizations utilizing agricultural commodities to promote financing for economic development activities in eligible countries. Requires the facilitator of such program to establish in each country: (1) an investment fund from the proceeds of the sale of agricultural commodities to be used for developmental activities; and (2) an advisory board to advise the facilitator on the management of such fund. Requires the Government to enter into an agreement with each recipient country for the establishment of a Food for Trade Joint Commission.
United States · United States Congress · 6 October 1994
Amends the Food Stamp Act of 1977 to permit food stamp program participants to use food stamps to buy vitamin and mineral nutritional supplements.
United States · United States Congress · 5 October 1994
Wetlands Regulatory Reform Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit the issuance of revisions to or clarifications of the guidelines for identifying and delineating wetlands until the National Academy of Sciences has completed a specified wetlands study. (Sec. 4) Provides that clear evidence of wetlands hydrology, hydrophytic vegetation, and hydric soil must be present in order to make a positive wetland delineation determination. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. (Sec. 5) Directs the Administrator of the Environmental Protection Agency (EPA) to undertake a project to classify U.S. wetlands, to be completed within ten years of this Act's enactment date. Requires wetlands to be classified as Class A, B, or C depending on their relative ecological significance, taking into account regional variations in hydrology, soils, and vegetation, with Class A wetlands being those that serve critical wetlands functions. Authorizes any person to request the Secretary of the Army, acting through the Chief of the Army Corps of Engineers, to determine the classification of wetlands. (Sec. 6) Considers draining, channelization, and excavation of wetlands to be discharging of dredged or fill material into U.S. waters for purposes of permit provisions. (Sec. 7) Requires the Secretary to determine whether to issue a permit for the discharge of dredged or fill material into Class A wetlands based on a sequential analysis that seeks to avoid adverse effects on wetlands, minimize adverse effects that cannot be avoided, and mitigate adverse effects that cannot be avoided and that remain. Directs the Secretary to make such determination with respect to Class B wetlands pursuant to a public interest review. Provides that no permit for such activities shall be required with respect to Class C wetlands. (Sec. 8) Removes EPA authority to deny the use of areas as disposal sites for dredged or fill material. Directs the Secretary to consult with the Administrator regarding whether the discharge of such materials whould have an adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. (Sec. 9) Sets forth conditions under which extensions of time are available for the Secretary's decision on a permit. (Sec. 10) Directs the Secretary, upon the request of a State, regional, local, or tribal governmental body with an existing wetlands regulatory program, to issue a general permit for the program subject to specified conditions. Requires linear utility facilities to continue to be regulated by the Secretary. Authorizes general permits to be issued for discharges of dredged or fill material associated with activities (including the production of agricultural commodities on converted wetlands) found by the Secretary of Agriculture to be exempt from ineligibility provisions of the Food Security Act of 1985 if a general permit: (1) provides adequate safeguards to ensure that the activities exempted will have no more than minimal individual and cumulative environmental impacts; and (2) includes provisions to provide for periodic reviews to ensure that permit conditions are met. Authorizes grants for State, regional, local, and tribal permit programs. (Sec. 11) Expands the list of discharge activities that are exempt from regulation as well as the list of areas tht shall not be considered as navigable waters for purposes of regulation. (Sec. 12) Removes EPA's authority to restrict the issuance of permits under a State permit program for the discharge of dredged or fill material. (Sec. 13) Directs the Secretary to issue regulations for the establishment, use, maintenance, and oversight of mitigation banks. Defines a "mitigation bank" as a wetlands restoration, creation, enhancement, or preservation project undertaken for the purpose of providing mitigation compensation credits to offset wetlands losses authorized by the terms of permits allowing discharges of dredged or fill material into navigable waters. (Sec. 14) Establishes an administrative appeals process under which landowners or other persons may appeal regulatory jurisdiction over lands and other specified determinations regarding permits for the discharge of dredged or fill material. (Sec. 15) Sets forth requirements for mapping and public notice for areas where Federal wetlands may be located. (Sec. 16) Provides that for permits for the discharge of dredged or fill material within the State of Alaska, the guidelines issued: (1) shall not include standards for compensatory mitigation of adverse impacts; (2) shall include standards for minimization of impacts; and (3) may include standards for avoidance of impacts. Requires the Secretary to issue a general permit for such discharges in Alaska. Requires lands conveyed to, selected by, or owned by Alaska native corporations to be economic base lands. Directs the Secretary, regarding permit decisions for such lands, to: (1) balance the standards and policies of this Act against the obligations of the United States to allow such lands to be used beneficially to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska natives; and (3) account for regional differences, abundance, and functions of wetlands. Requires the Secretary, regarding rural Alaska Native villages, to issue general permits for disposition of dredge and fill material for critical infrastructure in rural villages without a determination that activities authorized by such a permit cause only minimal adverse environmental effects.
United States · United States Congress · 5 October 1994
Authorizes the Secretary of Agriculture to convey certain lands in the Sam Houston National Forest, Texas, to their current occupant, a named nonprofit organization. Specifies consideration and other terms and conditions of conveyance.
United States · United States Congress · 5 October 1994
Amends the Agricultural Act of 1949 to authorize the Secretary of Agriculture to adjust the milk base production period for purposes of calculating certain assessment refunds for producers in North Dakota, South Dakota, Nebraska, Kansas, Missouri, Illinois, Iowa, Minnesota, or Wisconsin.
United States · United States Congress · 5 October 1994
Sheep Promotion, Research, and Information Act of 1994 - Directs the Secretary of Agriculture to issue a sheep and wool promotion, research, education, and information order. Includes in such order: (1) establishment of a National Sheep Promotion, Research, and Information Board; and (2) assessment of fees. Provides for approval referenda among producers, feeders, and importers. Authorizes appropriations.
United States · United States Congress · 4 October 1994
Sheep Promotion, Research, and Information Act of 1994 - Directs the Secretary of Agriculture to issue a sheep and wool promotion, research, education, and information order. Includes in such order: (1) establishment of a National Sheep Promotion, Research, and Information Board; and (2) assessment of fees. Provides for approval referenda among producers, feeders, and importers. Authorizes appropriations.
United States · United States Congress · 4 October 1994
TABLE OF CONTENTS: Title I: Comprehensive Program for Worker Reemployment Subtitle A: State and Substate Delivery System Subtitle B: Federal Service Delivery System Subtitle C: Performance Standards and Quality Assurance Systems Subtitle D: Program Requirements Subtitle E: Fiscal Administrative Provisions Subtitle F: Consolidation Provisions Title II: One-Stop Career System for Employment and Training Subtitle A: Basic System Components Subtitle B: Grants to States Subtitle C: Federal Grants to One-Stop Service Areas Subtitle D: Administrative Requirements Subtitle E: Waiver of Statutory and Regulatory Requirements Subtitle F: National Programs Title III: National Labor Market Information Program for Title IV: Technical Provisions Reemployment Act of 1994 - Establishes: (1) a comprehensive program for worker reemployment; (2) a one-stop career system for employment and training; and (3) a national labor market information program for States and localities. (Sec. 3) Authorizes appropriations for titles I, II and III, of this Act. Title I: Comprehensive Program for Worker Reemployment - Allots funds among States for the program under this title. Allows reservation of funds for State activities and reserves certain funds for national activities. Provides for allocation to substate areas, and recapture and reallotment of unexpended funds, (Sec. 103) Makes certain permanently laid-off workers and long-term unemployed individuals (as well as workers facing imminent plant shutdowns and self-employed individuals unemployed because of community economic conditions or natural disasters) eligible for services under this title. Makes dislocated homemakers and involuntarily retired workers eligible if the substate grantee deems this appropriate and certain conditions are met. Subtitle A: State and Substate Delivery System - Makes States responsible for administrative and management systems under this title. (Sec. 112) Requires the Governor to designate or establish a dislocated worker unit at the State level, with specified rapid response, information, program support and coordination functions. Directs such unit to coordinate with substate grantees and to promote worker-management transition assistance committees. Provides for rapid response coverage of certain layoffs, prohibition of State transfer of State transfer of rapid response response functions, and Federal oversight of such functions. (Sec. 113) Requires the Governor to identify, or establish and maintain a comprehensive labor market information system in the State that meets certain requirements relating to the national system of effective labor market information. (Sec. 114) Requires the Governor to coordinate programs under this title with the worker profiling system under the Social Security Act and the retraining income support program under another Act introduced in the 103d Congress. (Sec. 115) Authorizes the Governor to award supplementary grants to eligible entities to improve delivery and provide authorized services to eligible individuals in areas of the State experiencing substantial increases in numbers of such individuals due to plant closures, base closures, and mass layoffs, as well as to other underserved unemployed individuals with barriers to employment. Allows such grant funds to be used to establish on-site transition centers. (Sec. 116) Requires establishment of substate area administrative procedure. (Sec. 117) Authorizes the use of substate area funds for the following services for eligible individuals: (1) basic reemployment services; (2) intensive reemployment services; (3) education and training services; (4) retraining income support; and (5) supportive services. (Sec. 118) Requires a substate grantee to issue a certificate of continuing eligibility for services to eligible individuals who are accepting employment at a significantly lower wage than their previous one or in an occupation significantly different from their previous one. Subtitle B: Federal Service Delivery System - Directs the the Secretary of Labor to designate or establish an identifiable worker reemployment unit to coordinate the Secretary's functions under this title. (Sec. 122) Authorizes the Secretary to make national discretionary grants to eligible entities for programs to: (1) address large-scale economic dislocations resulting from plant closures, base closures, or mass layoffs; (2) self-employment opportunity, public works employment, dislocated farmers, and job creation; (3) establish on-site transition centers; (4) address small-scale layoffs likely to harm State or local economies; and (5) additional financial assistance for programs and activities operated by States and substate grantees under this title. (Sec. 123) Directs the Secretary to make funds available for disaster relief employment assistance to States for substate allocation. (Sec. 124) Directs the Secretary to provide for: (1) evaluation of programs under this title; (2) research on addressing economic dislocation, facilitating the transition of permanently laid-off workers to reemployment, and upgrading skills of employed workers; and (3) demonstration projects to develop and improve methods of addressing economic dislocation and promoting worker adjustment. (Sec. 125) Directs the Secretary to provide staff training and technical assistance to various entities to enhance their capacity to develop and deliver adjustment assistance services to workers, and to avert plant closings or substantial layoffs. Requires integration of such activities with those of the Capacity Building and Information and Dissemination Network. (Sec. 126) Directs the Secretary to provide for delivery of programs, activities, and services under this title in any State that chooses not to participate. Subtitle C: Performance Standards and Quality Assurance Systems - Directs the Secretary to prescribe performance standards relating separately to the substate grantees and the career centers. Directs Governors to: (1) prescribe adjustments to such standards; (2) provided technical assistance to grantees that fail to meet such standards; (3) terminate grantees that so fail for to two consecutive years; and (4) award incentive grants to grantees and centers exceeding such standards. (Sec. 132) Requires each substate grantee to establish methods for obtaining customer feedback from eligible individuals and employers who have received services under this title. (Sec. 133) Makes providers of education and training services eligible to receive funds under this title if they are eligible to participate under student aid provisions of the Higher Education Act of 1965 or are determined eligible under alternative procedures established by Governors, and if they provide performance-based information. Exempts on-the-job training providers from such requirements. Part D: Program Requirements - Sets forth general requirements for programs under this title, including provisions for benefits, labor standards, and grievance procedures. Subtitle E: Fiscal Administrative Provisions - Sets forth various administrative provisions, including ones for program year, prompt allocation of funds, monitoring, fiscal controls and sanctions, reports, recordkeeping, and investigations, administrative adjudication, nondiscrimination, judicial review, and obligational authority. Part F: Consoidation Provisions - Repeals the following provisions of the Job Training Partnership Act (JTPA); (1) all of title III, Employment and Training Assistance for Dislocated Workers; (2) a requirement for maintenance of data on permanent layoffs and plant closings; and (3) all part of J of title IV, Disaster Relief Employment Assistance. (Sec. 172) Makes conforming amendments to JTPA and other Federal laws. (Sec. 173) Authorizes the Secretary to provide for orderly transition from the repealed programs under JTPA to the program under this title. Title II: One-Stop Career System for Employment and Training - Subtitle A: Basic System Components - Requires one-stop career system, to include: (1) integration of employment and training programs; (2) customer choice of information, services, and providers; (3) univeral access to services by customers, including individuals and employers; and (4) accountability of providers. (Sec. 212) Sets forth requirements for the integration of employment and training programs component. (Sec. 213) Sets forth requirements for the customer choice component. (Sec. 214) Sets forth requirements for the universal access component. (Sec. 215) Sets forth requirements for the accoutability component. Subtitle B: Grants to States - Authorizes the Secretary to provide grants to States for implementation of comprehensive statewide networks of one-stop career systems in all areas of such States. Provides for such grants to Native American tribal entities. Requires notification to the interagency task force before provision of any such grant. (Sec. 223) Sets forth application requirements, including review and comment by certain individuals and State plans. (Sec. 224) Provides for review of applications, including priority considerations and approval criteria. (Sec. 226) Requires State reports. Subtitle C: Federal Grants to One-Stop Service Areas - Authorizes the Secretary to provide grants directly to one-stop service areas to implement one-stop career systems. Provides for establishment of one-stop service areas and local consortia. Requires grant notification to the interagency task force. (Sec. 233) Sets forth application requirements, including a time limit for State review and comment. (Sec. 234) Provides for review of applications, including priority considerations and approval criteria. (Sec. 235) Requires integration of one-stop service area systems with statewide networks. (Sec. 236) Requires area reports. Subtitle D: Administrative Requirements - Requires State Governors to consider specified factors in establishing one-stop service areas and (with local officials) local consortia, and designating administrative entities for such areas. (Sec. 242) Lists participating programs for such one-stop career systems, including those under specified Federal and State laws as well as other Federal employment and training laws determined appropriate by the interagency task force. (Sec. 243) Requires each one-stop service provider to make available to individual participants in the one-stop career system certain services, includidng specified: (1) basic services; (2) additional basic services; and (3) State unemployment compensation initial claims' filing. Authorizes such providers to also provide certain intensive services and specialized employer services. (Sec. 244) Requires the administrative entity, in agreement with the local consortium, to establish a process for selecting one-stop service providers which are public agencies or private nonprofit organizations, including specified types of entities. (Sec. 245) Sets forth requirements for operating agreements. (Sec. 246) Makes each State implementing such a system responsible for administration, management, monitoring, and technical assistance. (Sec. 247) Requires each State to establish a State human resource investment council that meets specified JTPA requirements and carries out certain additional functions including advising on development and implementation of the statewide network of one-stop career systems. (Sec. 248) Provides for pooling of administrative resources. (Sec. 249) Sets forth applicable labor standards for activities under one-stop career systems. Subtitle E: Waiver of Statutory and Regulatory Requirements - Allows a State, local consortium, or Native American tribal entity to request from the Secretary concerned a waiver of one or more statutory or regulatory provisions. Sets forth waiver criteria. (Sec. 252) Subjects to such waiver authority specified participating programs of the systems. Subtitle F: National Programs - Authorizes the Secretary to monitor compliance of all aid recipients under this title. (Sec. 262) Sets forth requirements for performance standards and evaluation. (Sec. 263) Makes the Secretary responsible for reserving certain funds for providing, staff training and technical assistance (integrated with the Capacity Building and Information Dissemination Network under JTPA). (Sec. 264) Directs the Secretary (of Labor) and the Secretaries of Education and of Health and Human Services to establish an interagency task force to identify provisions of law and regulations that impede the ability of States and one-stop service areas to carry out this title and designate these as subject to expedited waiver authority. Requires a task force report to the Congress. Title III: National Labor Market Information Program for States and Localities - Directs the Secretary to develop, in coordination with Governors and appropriate Federal, State, regional, and local officials and entities, a strategy to establish a program to develop a nationwide system of State, regional, and local labor market information. Establishes the Office of Labor Market Information in the Department of Labor to have overall policy, coordination, and funding responsibilitiers for such system. (Sec. 303) Directs the Secretary, in cooperation with such other entities and public-private partnerships, to develop such system to make available specified types of information. Requires certain technical standards, consumer reports, and evaluation. (Sec. 304) Directs the Secretary to provide for coordination and integration of such system and appropriate dissemination of information. Title IV: Technical Provisions - Sets forth the effective date of this Act. (Sec. 402) Sets forth a sunset provision terminating the authority provided by titles II and III on October 1, 2003.
United States · United States Congress · 4 October 1994
Safe Meat and Poultry Inspection Panel Act - Amends the Federal Meat Inspection Act to establish in the Department of Agriculture the Safe Meat and Poultry Inspection Panel which shall evaluate Federal meat and poultry inspection procedures and related matters. Amends the Poultry Products Inspection Act to require the Panel to report to the Secretary on a safe and cost-effective poultry inspection system and on other related matters.
United States · United States Congress · 4 October 1994
Amends the Agricultural Trade Development and Assistance Act of 1954 to require micronutrient fortification of food program commodities. Directs the Administrator of the Agency for International Development to study the feasibility of micronutrient fortification of vegetable oil. Expresses the sense of the Congress that such food programs should: (1) place more emphasis on food needs assessment; (2) target the most vulnerable groups; and (3) encourage in-country micronutrient fortification.
United States · United States Congress · 3 October 1994
Amends the Consolidated Farm and Rural Development Act to expand the eligibility of timber dependent communities for certain rural development grants and loans.
United States · United States Congress · 3 October 1994
Amends the Food Stamp Act of 1977 with respect to food stamp program uniform reimbursement rates.
United States · United States Congress · 3 October 1994
Provides that upon adoption of this resolution the House shall be considered to have taken from the Speaker's table H.R. 4217 (Federal crop insurance program reform), with the Senate amendment, and to have concurred in the Senate amendment with an amendment.
United States · United States Congress · 30 September 1994
Amends the Agricultural Act of 1949 to make available extended price support loans for the 1994 corn crop under the farmer owned reserve program.
United States · United States Congress · 30 September 1994
Amends the Agricultural Trade Act of 1978 to prohibit the Commodity Credit Corporation from providing assistance for the export of durum wheat in any year in which the projected stock-to-use ratio for such item is less than or equal to 40 percent.
United States · United States Congress · 28 September 1994
Amends the Internal Revenue Code to reduce the deduction for corporate interest payments by 20 percent. Excepts small corporations and farming businesses from such reduction. Allows corporations a deduction of 50 percent of the dividends paid during a taxable year. Limits such deduction to the amount in the qualified dividend account established by the corporation for the payment of such dividends. Prohibits the following corporations from using such deduction: (1) regulated investment companies; (2) real estate investment trusts; (3) an S corporation (certain small business corporations); (4) cooperative organizations; and (5) foreign sales corporations and domestic international sales corporations. Provides for an increase in the withholding tax on dividends paid to nonresident aliens or foreign corporations to reflect the dividend paid deduction. Requires, in the case of the acquisition of assets of a corporation by another corporation, that the acquiring corporation carryover the qualified dividend account.
United States · United States Congress · 27 September 1994
TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.
United States · United States Congress · 27 September 1994
Authorizes the Secretary of Agriculture to make available through the end of FY 1994 unused Farmers Home Administration funds for its direct and guaranteed operating loan and credit sales programs.
United States · United States Congress · 27 September 1994
Advisory Committee Termination Act of 1994 - Amends specified Federal law to repeal authority for specified advisory committees in the Departments of: (1) Agriculture; (2) Defense; (3) Education; (4) Energy; (5) Health and Human Services; (6) the Interior; (7) Justice; and (8) Transportation.
United States · United States Congress · 27 September 1994
TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.
United States · United States Congress · 27 September 1994
Amends the Internal Revenue Code to allow a taxpayer to elect to include in income crop insurance proceeds and disaster payments in the year of the disaster or in the following year. Modifies the requirement for the accrual method of accounting for family corporations engaged in farming by reducing the amount of gross receipts that may be excepted after December 31, 1993.
United States · United States Congress · 23 September 1994
Nevada Forest Protection Act - Directs the Secretaries of Agriculture and the Interior to: (1) identify and clear of forest fuels high-fire-risk Federal forest lands in Nevada; and (2) submit to the Congress a fire prevention plan and budget. Authorizes appropriations.
United States · United States Congress · 23 September 1994
Establishes a pilot program under which county-based rural development boards may apply to the Secretary of Agriculture for specified rural development project grants. Requires project cooperation with State rural development councils and land grant institutions. Directs the Secretary to: (1) create a national training and information system; and (2) publish a statement of national rural development goals.
United States · United States Congress · 23 September 1994
Sets forth the rule for the consideration of H.R. 3171 (authorizing the Secretary of Agriculture to reorganize the Department of Agriculture).
United States · United States Congress · 22 September 1994
Pathogen Reduction Act of 1994 - Title I : Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct the Secretary of Agriculture to establish procedures to reduce foodborne pathogen related illnesses, including: (1) tracing and recall authority; (2) civil penalties; (3) pathogen standards; and (4) import requirements. Title II : Amends specified Federal laws with regard to related control of livestock or poultry disease, including quarantine, imports, and exports.
United States · United States Congress · 22 September 1994
Forest Health Act of 1994 - Directs the Secretary of Agriculture to carry out specified forest restoration activities on Federal lands in the West that were adversely affected by wildfires.
United States · United States Congress · 20 September 1994
Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a U.S. district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury; or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.
United States · United States Congress · 20 September 1994
Beginning Farmer Technical Corrections Act of 1994 - Amends the Consolidated Farm and Rural Development Act with regard to beginning farmer and rancher operating loans and borrower graduation requirements.
United States · United States Congress · 19 September 1994
Pathogen Reduction Act of 1994 - Title I : Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct the Secretary of Agriculture to establish procedures to reduce foodborne pathogen related illnesses, including: (1) tracing and recall authority; (2) civil penalties; (3) pathogen standards; and (4) import requirements. Title II : Amends specified Federal laws with regard to related control of livestock or poultry disease, including quarantine, imports, and exports.
United States · United States Congress · 14 September 1994
Conservation Reserve Program Extension Act of 1994 - Amends the Food Security Act of 1985 to: (1) reauthorize the conservation reserve program; and (2) revise contract acceptance criteria.
United States · United States Congress · 13 September 1994
Roosevelt Lake Recreation Area Fee Act - Authorizes the Secretary of Agriculture to establish and collect recreation use fees and to sell recreation use passes at designated recreation sites within the Roosevelt Lake Recreation Area in the Tonto National Forest, Arizona. Prohibits the Secretary from: (1) collecting such fees for the use or provision in the Area of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information; or (2) imposing or collecting a fee from Federal, State, or local officers or employees authorized by the Secretary to perform administrative duties at recreation sites in the Area. Entitles holders of valid Golden Age Passports or Golden Access Passports to use a recreation site within the Area for half the applicable recreation use fee. Provides that such fees shall be in lieu of any recreation use fee. Provides that such fees shall be lieu of any recreation use fees for such sites under the Land and Water Conservation Fund Act of 1965 or the Omnibus Budget Reconciliation Act of 1993. (Sec. 6) Terminates the authority of the Secretary to establish and collect fees or to sell such passes at the end of the seven-year period beginning on the enactment of this Act. Requires the Secretary to report to specified congressional committees regarding modifying or extending the authority to sell recreation use fees and passes. (Sec. 7) Requires the funds received from recreation use fees and passes sold to be deposited in a special account in the Treasury. Permits Fund amounts to be used for: (1) operation, maintenance, and management of recreation sites within the Area; (2) interpretation and management of the Area's resources; and (3) administrative costs associated with such activities.
United States · United States Congress · 25 August 1994
Directs the Secretary of Agriculture to enter into appropriate arrangements with the National Academy of Sciences to coordinate the development of an improved meat and poultry inspection program. Obligates funding for such purpose.
United States · United States Congress · 24 August 1994
Commends the U.S. rice industry for its decision to establish an industry organization. Recognizes the success such decision will have in promoting the interests of the rice industry and the rice-consuming public.
United States · United States Congress · 20 August 1994
National Forest Stewardship Contracting Act of 1994 - Directs the Secretary of Agriculture to: (1) implement a Forest Service program to use National Forest System timber and forest products revenues (stewardship contracts) to conduct other ecosystem resource activities on such lands; and (2) develop a standard System stewardship contract. Requires stewardship contract receipts to be deposited into a Stewardship Account. Appropriates Account funds.
United States · United States Congress · 20 August 1994
Commends the U.S. rice industry for its decision to establish an industry organization. Recognizes the success such decision will have in promoting the interests of the rice industry and the rice-consuming public.
United States · United States Congress · 18 August 1994
Directs the Secretary of Agriculture to exchange certain National Forest lands (including a wastewater treatment facility) in Chelan County, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington.
United States · United States Congress · 16 August 1994
Illinois Land Conservation Act of 1994 - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission and approved on April 8, 1994. Transfers to the Secretary of Agriculture, without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNTP) established by this Act. Declares that this Act does not change the responsibilities or liabilities of persons under applicable environmental laws except that the Secretary shall not be liable or responsible for contamination resulting from or related to the condition of the property existing before such transfer, such as migration of hazardous substances, pollutants, contaminants, or petroleum products or their derivatives disposed during the Department of the Army activities. Makes the Secretary of the Army responsible for the upkeep and maintenance of all fences, guardhouses, and other security facilities and personnel costs on all portions of the Arsenal that have not been transferred to the Secretary. Authorizes the Secretaries and the Administrator to individually and collectively enter into cooperative agreements and memoranda of understanding among each other and with other affected Federal, State, and local governments, private organizations, and corporations to implement this Act and to carry out the purposes for which the MNTP is established. Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of enactment of this Act. Requires the Secretary of the Army to retain jurisdiction, authority, control over real property at the Arsenal to be used for environmental cleanup purposes. (Sec. 3) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and to continue to carry out: (1) all response actions required under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and other applicable provisions of law at or related to the property; and (2) all actions required under any other applicable law to remediate petroleum products or their derivatives. Prohibits such liabilities and responsibilities from being transferred to the Secretary. Makes the Secretary responsible and liable only to the extent of any other contamination affirmatively introduced into the environment at the Arsenal by the Secretary or the Department of Agriculture. Requires any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions or related actions under other statutes to remediate petroleum products of ther derivatives. (Sec. 4) Requires the MNTP to be managed for National Forest purposes. Prohibits new construction of any highway, public road, or any part of the interstate system through or across any portion of the MNTP. Permits: (1) construction and maintenance of roads for use within the MNTP; and (2) granting of authorizations for utility rights-of-way under applicable Federal law or such access as is necessary (including access by the Secretary of the Arny for purposes of restoration and cleanup as provided in this Act). Sets forth provisions relating to MNTP agricultural leases, special land use authorizations, and admission, occupancy, and use fees with the exception of persons possessing a valid Golden Eagle Passport or Golden Age Passport. Establishes the MNTP Restoration Fund for restoration and administration of the MNTP. (Sec. 5) Designates specified areas of real property at the Arsenal for industrial development, a national veterans cemetery, and a country landfill. Requires: (1) the Secretary of the Army, within six months of satisfying all cleanup and other CERCLA requirements, to offer the Secretary the transer of specified areas, without reimbursement, to be added to the MNTP, subject to the terms, conditions, and limitations on liability contained in this Act; and (2) if the Secretary declines such offer, the property to be disposed of as surplus property. Declares that: (1) nothing in this Act shall be construed to restrict or lessen the degree of cleanup required to be carried out under applicable law at the property designated for disposal; and (2) such disposal shall be in compliance with specified provisions of CERCLA and other applicable laws.
United States · United States Congress · 16 August 1994
Cleveland National Forest Land Exchange Act of 1994 - Directs the Secretary of Agriculture to enter into a land exchange with the Orange County Council of the Boy Scouts of America involving specified lands in the Cleveland National Forest, California.