Energy

To prohibit the Secretary of the Interior from issuing oil and gas leases on certain portions of the Outer Continental Shelf.

United States · United States Congress · 13 November 1997

Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified portions of the Outer Continental Shelf on both the Atlantic and Pacific coasts, including Alaska. Excludes from such proscription the Central and Western Gulf of Mexico planning areas of the Department of the Interior.

To prohibit certain oil and gas leasing activities on portions of the Outer Continental Shelf, consistent with the President's Outer Continental Shelf moratorium statement of June 26, 1990.

United States · United States Congress · 13 November 1997

Prohibits the Secretary of the Interior, through January 1, 2001, from conducting any oil and gas leasing or development activities under the Outer Continental Shelf Lands Act in areas placed under restriction by the President's moratorium statement of June 26, 1990.

Federal Energy Monitoring, Commissioning, and Savings Act of 1997

United States · United States Congress · 13 November 1997

Federal Energy Monitoring, Commissioning, and Savings Act of 1997 - Authorizes the Secretary of Energy to award extramural funds to monitor and analyze energy use, and to conduct continuous commissioning in Federal buildings to optimize building energy systems. Authorizes appropriations.

A bill require the Secretary of Health and Human Services to conduct an ongoing study of the health consequences of nuclear weapons tests.

United States · United States Congress · 12 November 1997

Instructs the Secretary of Health and Human Services (the Secretary) to: (1) conduct an ongoing study of the health consequences of nuclear weapons tests by the United States and specified foreign countries, considering in particular the health consequences of exposure to specified radioactive elements produced by such tests; (2) provide for continuing study guidance and review by the Advisory Committee on Energy-Related Epidemiologic Research of the Department of Health and Human Services and by other entities engaged in the review of governmental studies relating to nuclear weapons activities; and (3) report annually to the Congress on the study results. Directs the Secretary of Energy to transfer to the Secretary funds from appropriations for nuclear weapons activities in order to permit the conduct of such study.

A bill to amend section 3165 of the National Defense Authorization Act for Fiscal Year 1998 to clarify the authority in the section.

United States · United States Congress · 9 November 1997

Amends the National Defense Authorization Act for Fiscal Year 1998 to: (1) include within the authority of the Secretary of Energy administrative control over facilities in the immediate area of Los Alamos National Laboratory, New Mexico; and (2) require Los Alamos County and the Pueblo of San Ildefonso (currently, the Secretary of the Interior) to submit to the Secretary of Energy an agreement for the allocation of Laboratory parcels identified for conveyance or transfer.

Superfund Reform Act

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability Title III: Brownfields Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Community Participation Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Reform Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame. Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels. Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 108) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II: Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to: (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest. Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability: (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to: (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements. Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth: (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable, with respect to any item of a recyclable material, if the item: (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III: Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility. Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL. Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV: Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages. Bars recovery based on non-use values. Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V: State Role - Authorizes the Administrator to delegate authority to States to: (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI: Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII: Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if: (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities. Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII: Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to: (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to: (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.

To end American subsidization of entities contributing to weapons proliferation.

United States · United States Congress · 9 November 1997

Requires the Director of Central Intelligence (DCI) to submit to the chairmen and ranking minority members of specified congressional committees an annual report identifying each foreign entity which, during the preceding two years, transferred a controlled item (any of certain items listed on nuclear supplies lists or chemical or biological weapons) to another entity for: (1) a missile project of concern; (2) activities to develop, produce, stockpile, or deliver chemical or biological weapons; or (3) nuclear activities in countries that do not maintain full International Atomic Energy Agency safeguards or equivalent full scope safeguards. Prohibits certain economic and export subsidies with respect to identified countries. Waives such prohibition if the DCI certifies to such members that the entity has ceased to make such transfers and is unlikely to resume doing so.

United States-Caucasus Policy Act of 1997

United States · United States Congress · 9 November 1997

United States-Caucasus Policy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance, to the countries of the South Caucasus (Armenia, Azerbaijan, and Georgia) and of Central Asia (Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan) to: (1) promote sovereignty and independence, democratic government, and respect for human rights; (2) assist in the resolution of regional conflicts and re-opening of closed borders; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. (Sec. 4) Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflict in Nagorno-Karabakh (Armenia and Azerbaijan) and other regional conflicts. (Sec. 5) Declares the sense of the Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus. Declares the sense of the Congress that the United States should: (1) assist the countries of the South Caucasus to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; (2) provide permanent nondiscriminatory trade treatment (most-favored-nation status) to such countries; and (3) consider the establishment of zero-to-zero tariffs between them and the United States. Declares the sense of the Congress that the U.S. representatives to the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus to assist the development of the physical infrastructure necessary for regional economic cooperation. Declares the sense of the Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. Declares the sense of the Congress that the Voice of America and Radio Free Europe-Radio Liberty should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus. Prohibits, unless important to the U.S. national interest, assistance to such countries if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have established any border closure or use of an economic blockade; (3) have knowingly transferred controlled missile or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (4) have supported acts of international terrorism; (5) are prohibited from receiving such assistance by specified Acts; or (6) have initiated an act of aggression against another state in the region. (Sec. 6) Directs the President to report annually to appropriate congressional committees.

Federal Power Marketing Act of 1997

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Operations and Maintenance Title II: Rates Title III: Transmission Title IV: Enforcement Federal Power Marketing Act of 1997 - Title I: Operations and Maintenance - Directs the Secretary of Energy (the Secretary), in cooperation with the Secretaries of the Army and of the Interior, to: (1) develop and publish annually in the Federal Register an inventory of uncompleted maintenance and capital improvement projects for federally-owned hydroelectric generating facilities operated by the Department of the Army Corps of Engineers and the Department of the Interior Bureau of Reclamation (the Bureau); and (2) develop and publish in the Federal Register criteria and procedures for competitive outsourcing of such projects. Prescribes procedures for awarding of contracts, including submission and acceptance of unsolicited proposals. (Sec. 102) Makes routine operations and any maintenance or improvement projects that are not successfully outsourced eligible for user fee financing. Directs the Secretary to establish a user fee to fully offset appropriations made for eligible hydroelectric generating, maintenance, and improvement projects. Instructs the Secretary to ensure that the views of customer groups are reflected in implementation of this Act. Directs the Bureau, the United States Army Corps of Engineers, and the Administrators of the Federal Power Marketing Administrations (the FPM Administrations) to develop jointly and make available to the public five-year plans for the operation, maintenance, and replacement of all hydroelectric facilities under their management. Title II: Rates - Requires the Secretary to prescribe procedures: (1) to ensure that the FPM Administrations utilize the same accounting principles and requirements as apply to public utilities under the Federal Power Act; and (2) to recover ultimately from the Administrations' electric energy customers all costs incurred for the generation and marketing of Federal energy sold to them. (Sec. 201) Directs each FPM Administration to propose rates and apply them (with Federal Energy Regulatory Commission (FERC) approval) to each new contract for the sale or disposition of Federal energy. (Sec. 202) Amends specified laws to conform to this Act. Authorizes FERC to: (1) approve, revise or determine rates for the sale or disposition of electric energy proposed by the FPM Administrations; and (2) assure that Administration rates accord with this Act. Title III: Transmission - Amends the Federal Power Act to deem each FPM Administration a public utility with respect to ratemaking and conditions for electric energy transmission. Mandates that the cost recovery of Federal transmission facilities be equitably allocated to Federal and non-Federal power utilizing such facilities in accordance with generally accepted ratemaking principles for public utilities. Title IV: Enforcement - Grants any affected person or entity the right to bring an action in U.S. district court to enforce the requirements of this Act.

Providing for the agreement of the House to the Senate amendment to the bill, H.R. 2472, with an amendment.

United States · United States Congress · 9 November 1997

Provides that upon the adoption of this resolution the House of Representatives agrees to the Senate amendment with an amendment to H.R. 2472 (extension of certain programs under the Energy Policy and Conservation Act).

A bill to amend the Internal Revenue Code of 1986 to provide a 5-year extension of the credit for producing electricity from wind and closed-loop biomass.

United States · United States Congress · 8 November 1997

Amends the Internal Revenue Code to extend, for five years, the credit for producing energy from wind or a closed-loop biomass.

Indoor Air Act of 1997

United States · United States Congress · 8 November 1997

Indoor Air Act of 1997 - Directs the Administrator of the Environmental Protection Agency to publish: (1) a list of common significant indoor air health risks; and (2) concurrently with such list, voluntary guidelines for identifying, reducing, and preventing such risks. Requires the Administrator to give priority to conducting and providing financial or other assistance to studies concerning indoor air quality. Directs the Administrator to: (1) report to the Congress on persons operating contractor businesses engaged in the identification, reduction, and prevention of significant indoor air health risks and on the need for a program to certify contractors engaged in such activities; and (2) establish a voluntary certification program for contractors engaged in the identification of such risks. Imposes fees for certification. Authorizes the suspension or revocation of certifications for violations of certification requirements. Directs the Administrator to publish and disseminate the list of common significant indoor air health risks, the guidelines for identifying, reducing, and preventing such risks, and indoor air health advisories addressing the health effects of such risks. Requires the Administrator to develop a voluntary program to provide Federal recognition to buildings that are operated and maintained to prevent or minimize such risks and that provide significant energy efficiency benefits. Authorizes the Administrator to provide grants to States and local governments to implement programs to identify, reduce, and prevent such risks. Requires the Director of the National Institute for Occupational Safety and Health to implement a Building Assessment Program to provide assistance and guidance to employers and employees on measures to reduce such risks. Authorizes the Director, at the request of an employer or employee, to conduct on-site assessments of buildings. Directs the Administrator to ensure that the presentation of information on significant indoor air health risks is unbiased and informative. Authorizes appropriations.

Methane Hydrate Research and Development Act of 1998

United States · United States Congress · 7 November 1997

Methane Hydrate Research and Development Act of 1997 - Directs the Secretary of Energy to award grants or contracts to, or enter into cooperative agreements with, universities and industrial enterprises to conduct research to identify, assess, explore, and develop methane hydrate resources. Authorizes appropriations.

Transition to Electric Competition Act of 1997

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: Retail Competition Title II: Public Utility Holding Companies Title III: Public Utility Regulatory Policies Act Title IV: Environmental Protection Title V: Bonneville Power Administration Title VI: Tennessee Valley Authority Transition to Electric Competition Act of 1997 - Amends the National Historic Preservation Act of 1966 to require Federal agencies to which a historic light station is conveyed to maintain such light station in accordance with such Act, Historic Preservation Standards, and other applicable laws. (Sec. 5) Authorizes any aggrieved person to bring an action in the appropriate Federal district court to enforce the requirements of this Act against any non-complying individual, corporation, or other retail electric energy supplier or provider. Title I: Retail Competition - Sets January 1, 2002, as the date from which: (1) each consumer shall have the right to purchase retail electric energy from any offeror; and (2) all sellers of such energy shall have reasonable and nondiscriminatory access, on an unbundled basis, to the local distribution and retail transmission facilities of retail electric energy providers and all ancillary services. (Sec. 103) Permits State authorities to implement the program before such dateline. Sets forth guidelines for: (1) State regulatory authority; (2) recovery of stranded costs by a retail or wholesale electric energy provider and nonregulated utilities; (3) recovery of lost retail benefits; and (4) universal service for specified consumers. (Sec. 110) Sets forth a statutory framework for retail electric energy suppliers to comply with Renewable Energy Credit requirements. Directs the Administrator of the Bonneville Power Administration (BPA) to use proceeds from the sale of such Credits to repay outstanding debt to the Treasury and bondholders of securities backed by the BPA. Sets forth a termination date for such Credit program. (Sec. 111) Prescribes procedural guidelines to determine the appropriate State or Federal jurisdiction over local distribution facilities. (Sec. 112) Directs the Federal Energy Regulatory Commission (FERC) to establish the broadest feasible transmission regions and designate an Independent System Operator to manage and operate it in each region beginning on January 1, 2002. (Sec. 113) Amends the Federal Power Act to: (1) prohibit a public utility from acquiring the facilities or securities of a natural gas utility company unless FERC finds such acquisition is in the public interest; and (2) authorize FERC to require the divestiture of generating or transmission facilities, among other specified actions, in order to prohibit a retail electric energy supplier or provider from using its ownership or control of resources to maintain a situation inconsistent with effective competition among retail and wholesale electric suppliers. (Sec. 114) Requires retail and wholesale electric energy suppliers and providers owning nuclear generating units before the enactment of this Act to recover from their customers all reasonable nuclear decommissioning costs pursuant to a non-bypassable charge imposed on all consumers located in the service territories purchasing power, or that had purchased power, from such nuclear generating units. (Sec. 115) Requires FERC to ensure by a specified deadline that each retail electric energy supplier discloses to the public the types of fuel used to generate the electricity the supplier sells, including the percentage of electric energy generated by each fuel type. (Sec. 116) Declares this title inapplicable to any person located in the States of Alaska and Hawaii regarding any activity or transaction occurring there. Title II: Public Utility Holding Companies - Repeals the Public Utility Holding Company Act of 1935, except with respect to: (1) the United States; (2) a State or local government; (3) any foreign governmental authority not operating in the United States; (4) any agency, authority, or instrumentality of any of the foregoing; or (5) any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty. (Sec. 203) Retains Federal and State access to books and records of public utility holding companies and their associate companies. (Sec. 205) Empowers FERC and State regulatory bodies to determine whether a public utility company may recover in rates any costs of goods and services acquired from an associate company after a specified date. Authorizes a State regulatory body to examine the prudence of interaffiliate power transactions among public utilities. Title III: Public Utility Regulatory Policies Act - Declares the Public Utility Regulatory Policies Act of 1978 governing cogeneration and small power production inapplicable to public utility facilities beginning commercial operations after the enactment of this Act. States that no public utility shall be required to enter into a new contract or obligation to purchase or sell electric energy after the effective date of this title or, if earlier, the date on which retail electric competition is implemented in all of its service territories. Title IV: Environmental Protection - Instructs the Environmental Protection Agency to report to the Congress on the implications of differences in air pollution emissions standards for wholesale and retail electric generation competition and for public health and the environment. Title V: Bonneville Power Administration - Places BPA transmission services under FERC rules on nondiscriminatory open access to transmission services provided by public utilities. (Sec. 504) Requires FERC to adopt a transition cost recovery mechanism if BPA proposes a charge to recover transition costs resulting from Federal law or a certain FERC Order. (Sec. 505) Authorizes the BPA Administrator to participate in a FERC-regulated Independent System Operator. (Sec. 506) Precludes BPA's financial obligations under this Act from being interpreted or implemented in a manner that adversely affects third-party financing arrangements of the Washington Public Power Supply System. (Sec. 507) Prohibits the BPA Administrator from marketing, selling or disposing of electric power to end use or retail customers with whom no sales contract existed as of October 1997. (Sec. 509) Amends the Federal Columbia River Transmission System Act to repeal the mandate that the BPA Administrator make available to all utilities on a nondiscriminatory basis any capacity in the Federal transmission system determined to exceed the capacity required to transmit electric power generated or acquired by the United States. Title VI: Tennessee Valley Authority - Sets a date from which: (1) all electric energy suppliers shall have the right to sell retail and wholesale electric energy to persons currently purchasing such energy directly or indirectly from the Tennessee Valley Authority (TVA); (2) TVA may sell wholesale electric energy to any person; (3) TVA wholesale power customers may sell such power to any person; and (4) customers may terminate their contracts to purchase TVA power. (Sec. 604) Requires the TVA Board of Directors to: (1) establish and periodically review TVA energy sales and transmission rates, subject to FERC review; and (2) study and report to the Congress on TVA privatization.

To amend the Federal Power Act to establish requirements regarding the operation of certain electric generating facilities, and for other purposes.

United States · United States Congress · 7 November 1997

Amends the Federal Power Act with respect to procedures and administrative provisions to direct the Federal Energy Regulatory Commission (FERC) to: (1) calculate a generation performance standard (equal to a certain statutory tonnage cap) for oxides of nitrogen, sulfate fine particulate matter, and any other air pollutant released in significant quantities by electric generating units; (2) set forth schedules of statutory tonnage caps for emissions of oxides of nitrogen and sulfate fine particulate matter from covered electric generating units; and (3) promulgate by rule a national limit on total annual emissions of any other pollutant from covered electric generating units, expressed in tons. Prescribes procedural guidelines for: (1) allocation and trading of allowances; (2) penalties for excess emissions; and (3) periodic publication by FERC of its estimate of the total electric generation by covered electric generating units. Provides for citizen suits to enforce this Act.

To extend certain programs under the Energy Policy and Conservation Act and the Energy Conservation and Production Act.

United States · United States Congress · 7 November 1997

Amends the Energy Policy and Conservation Act and the Energy Conservation and Production Act to continue authorization of appropriations for FY 1998 through 2002 for the following programs: (1) interagency working groups under the International Energy Program; (2) State energy conservation plans; (3) energy conservation programs for schools and hospitals; and (4) the weatherization program.

To amend the Internal Revenue Code of 1986 to apply the energy credit to small wind turbines.

United States · United States Congress · 7 November 1997

Amends the Internal Revenue Code to extend the energy credit to wind energy systems equipment with a turbine size of not more than 50 kilowatts rated capacity.

Silk Road Strategy Act of 1997

United States · United States Congress · 7 November 1997

Silk Road Strategy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance to the South Caucasus and Central Asia countries to: (1) promote sovereignty and independence with democratic government; (2) assist in the resolution of regional conflicts; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. Prohibits assistance to such countries (unless it is important to the U.S. national interest) if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have knowingly transferred controlled missiles or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (3) have supported acts of international terrorism; (4) are prohibited from receiving such assistance by specified Acts; or (5) have initiated an act of aggression against another state in the region. Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflicts in Georgia, Azerbaijan, and the civil war in Tajikistan.

To provide relief from unfair interest and penalties on refunds retroactively ordered by the Federal Energy Regulatory Commission.

United States · United States Congress · 7 November 1997

Amends the Natural Gas Policy Act of 1978 to preclude the payment of interest or penalties on refunds of any rates and charges for reimbursement of State ad valorem taxes ordered to be made by the Federal Energy Regulatory Commission (FERC) in connection with natural gas sales prior to 1989. Declares that such refunds shall be required only to the extent that the purchaser demonstrates to FERC that the refund will be passed on to ultimate consumers of the natural gas.

A bill to provide relief from unfair interest and penalties on refunds retroactively ordered by the Federal Energy Regulatory Commission.

United States · United States Congress · 6 November 1997

Amends the Natural Gas Policy Act of 1978 to preclude the payment of interest or penalties on refunds of any rates and charges for reimbursement of State ad valorem taxes ordered to be made by the Federal Energy Regulatory Commission in connection with natural gas sales prior to 1989.

To extend the time required for the construction of a hydroelectric project.

United States · United States Congress · 6 November 1997

Directs the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend for a maximum of three consecutive two-year periods, the time required to commence construction of a specified hydroelectric project (Kentucky).

To provide for an increase in pay and allowances for members of the uniformed services for fiscal year 1998, to improve certain authorities relating to the pay and allowance and the health care of such members, to authorize appropriations for fiscal year 1998 for military construction, and for other purposes.

United States · United States Congress · 6 November 1997

TABLE OF CONTENTS: Title I: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title II: Health Care Provisions Subtitle A: Health Care Services Subtitle B: Tricare Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Subtitle F: Persian Gulf Illness Title III: Military Construction, Army Title IV: Military Construction, Navy Title V: Military Construction, Air Force Title VI: Military Construction, Defense Agencies Title VII: North Atlantic Treaty Organization Security Investment Program Title VIII: Guard and Reserve Forces Facilities Title IX: Expiration and Extension of Certain Authorizations Title X: General Military Construction Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Real Property and Facilities Administration Subtitle C: Defense Base Closure and Realignment Subtitle D: Land Conveyances Subtitle E: Other Matters Title XI: Sikes Act Improvement Military Readiness Act of 1997 - Title I: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. (Sec. 102) Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary of Defense (Secretary) to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on a specified conditional date. (Sec. 103) Consolidates and revises generally Federal provisions concerning the basic allowance for quarters (BAQ), the variable housing allowance, and overseas housing allowances (which include a family separation housing allowance). (Sec. 104) Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 105) Prohibits the total pay and allowances of a member from being reduced when such member is assigned either to field duty at a home station or to temporary duty away from the member's permanent duty station. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 114) Increases the monthly hazardous duty incentive pay and the aviation career incentive pay, the latter effective as of January 1, 1999. (Sec. 116) Increases the aviation officer retention bonus and authorizes bonus agreements to extend for a third year. (Currently, only one or two-year agreements are permitted.) (Sec. 117) Authorizes the payment of an annual retention bonus for certain dental officers who execute a written agreement to remain on active duty for two, three, or four years after completion of their active-duty service commitment. Authorizes the Secretary concerned to extend such bonus authority to other dental officers not immediately qualifying for such bonus. (Sec. 118) Increases the variable and additional special pays for dental officers with specified years of creditable service. (Sec. 119) Authorizes the payment of special pay for members on duty at a location designated by the Secretary as a hardship duty location. (Sec. 121) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 122) Provides eligibility for the Selected Reserve reenlistment bonus to an enlisted member of a reserve component who has completed less than 14 (currently, ten) years of total military service. Increases bonus amounts. Provides similar eligibility and amount revisions with respect to former enlisted personnel who become members of the Selected Reserve after completion of their enlisted service. (Sec. 123) Extends to Coast Guard personnel eligibility for payment of a bonus when entering into a reserve affiliation agreement to serve in the reserves upon completion of an active-duty tour. (Sec. 124) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 125) Authorizes the Secretary of the military department concerned (Secretary concerned) to pay either a monthly special pay or an annual bonus for enlisted personnel with designated specialties who agree to extend their tours of duty at designated overseas locations. Requires pro rata repayment of an unearned bonus, with a waiver authorized. Prohibits the concurrent receipt by such personnel of the annual bonus and rest and recuperative absence or transportation. (Sec. 126) Increases from $75 to $100 the monthly family separation allowance. (Sec. 127) Allows for payment of the muster duty allowance within 30 days after such duty is performed. (Currently, such payment is required on or before the date of such duty.) Subtitle C: Travel and Transportation Allowances - Removes certain restrictions on the payment of travel and transportation allowances to dependents of members who receive certain court-martial sentences. (Sec. 132) Changes the authorized amount of the military dislocation allowance from two months of the BAQ to a rate based on the member's pay and dependency status. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 142) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 143) Directs the Secretary to review and report to the defense committees on the current Federal protections and benefits afforded to: (1) current and former military personnel and Federal employees; and (2) former spouses of such personnel and employees. (Sec. 144) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. (Sec. 145) Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary of Veterans Affairs to consolidate into a single payment certain annuities currently paid by the Secretary of Defense to the survivors of military retirees. Subtitle E: Other Matters - Authorizes the Secretary concerned to repay loans used to finance the education of commissioned officers who are qualified in the health professions. Requires the officer to serve an additional period of active duty in return for such repayment. Limits the repayment amount to $22,000 for each additional year that the officer agrees to extend his or her duty. (Sec. 152) Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to bring the separation pay provisions of commissioned officers of the National Oceanic and Atmospheric Administration into conformity with separation pay authorized for members of the armed forces. (Sec. 153) Makes members of the Public Health Service and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. (Sec. 154) Authorizes the Secretary concerned to pay to World War II veterans who served as guerilla fighters in the Philippines an amount representing the quarters and subsistence allowance which accrued during the period of service between January 1942 and February 1945. (Sec. 155) Directs the Secretary to study and report on military personnel and their families who subsist at, near, or below the poverty level. Directs the Secretary of Agriculture to make available to the Secretary the same payments and commodities for military personnel outside the United States as are made for the special supplemental food program in the United States under the Child Nutrition Act of 1996. Requires an implementation report. Title II: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under its military retiree dental insurance plan the surviving spouse and child dependents of military personnel who die while on active duty of 30 days or more and whose dependents are no longer eligible for dental benefits under the regular dental insurance plan. (Sec. 202) Authorizes the provision of prosthetic devices necessary due to significant conditions resulting from trauma, congenital anomalies, or disease. (Sec. 203) Directs the Secretary to conduct a study on the provision to TRICARE beneficiaries of comparative information on the medical assistance provided by a managed care entity. Subtitle B: Tricare Program - Directs the Secretary to prepare and submit a plan for the expansion of the managed care option of the TRICARE Program known as TRICARE Prime into areas outside of the catchment areas of military medical treatment facilities in which such option is a cost-effective alternative. Subtitle C: Uniformed Services Treatment Facilities - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to modify the effective date of the implementation of military health care designated provider agreements to permit a transition period of not more than six months between the date of agreement execution and the date on which the designated provider commences delivery of health care services. Provides for the temporary continuation during such period of existing health care participation agreements. (Sec. 222) Requires a designated provider to be considered part of the Department of Defense (DOD) for purposes of the continued acquisition of reduced-cost drugs for enrollees under the agreement. (Sec. 223) Directs the Secretary, in establishing the ceiling rate for designated provider enrollees who are also eligible for CHAMPUS services, to take into account the health status of such enrollees. Subtitle D: Other Changes to Existing Law Regarding Health Care Management - Makes active-duty personnel assigned to certain remote duty locations eligible for health care under CHAMPUS. Directs the Secretary to waive any deductible, copayment, or annual CHAMPUS fee with respect to such personnel. (Sec. 232) Authorizes the Secretary to waive or reduce the overseas dental plan copayments required of military dependents who accompany members overseas. (Sec. 233) Directs the Secretary to: (1) establish procedures for the collection of the member's share of premiums under the Selected Reserve dental insurance plan and the retiree dental insurance plan; (2) allow such members to pay such premiums through payroll deduction; and (3) submit an implementation program with respect to both plans. Extends through April 1, 1998, the deadline for implementation of the dental insurance plan for military retirees. (Sec. 234) Makes the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating as a service of the Navy) (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 235) Revises CHAMPUS provisions to conform health care provider reimbursement rates with such rates under title XVIII (Medicare) of the Social Security Act. (Sec. 236) Authorizes the Secretaries of Defense and Transportation to enter into personal services contracts to carry out certain health care responsibilities at locations outside of military medical treatment facilities. Includes the actions of service contract personnel under provisions concerning the defense of lawsuits arising out of medical malpractice. Requires a report from the Secretary on alternative means for performing medical screening examinations routinely performed at military entrance processing stations. (Sec. 237) Authorizes any health-care professional holding a current medical, dental, or other health care license to practice within a DOD health care facility, a civilian facility affiliated with DOD, or any other location authorized by the Secretary. (Sec. 238) Requires the Secretary to prescribe a standard form for the admission of claims for the payment of health care services provided under CHAMPUS. (Sec. 239) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 the chiropractic health care demonstration program. Requires such program to be expanded to at least three other military health care facilities, including the National Naval Medical Center and the Walter Reed Army Medical Center. Directs the Secretary to: (1) report to the defense committees on the additional facilities participating in the program; and (2) modify the program to evaluate its effectiveness at all of the facilities. Subtitle E: Other Matters - Authorizes the Secretary of the Army to enter into an agreement with an accredited institution of higher education under which students may attend the physician assistant training program conducted by the Army Medical Department at the Academy of Health Sciences at Fort Sam Houston, Texas, in return for the institution's agreeing to perform Academy support services. (Sec. 242) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 243) Authorizes the Secretary of the Air Force, after 90 days' notice to the defense and appropriations committees, to enter into an agreement with Gerald Champion Hospital, Alamagordo, New Mexico, for the provision of health care services to eligible individuals in a medical resource facility in Alamagordo that is constructed, in part, using funds provided by the Secretary under the agreement. Provides funding for such agreement from Air Force operation and maintenance (O&M) funds. Directs the Secretary to review the proposed agreement and provide comments to the Congress before the agreement may take effect. (Sec. 244) Directs the Secretary to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 245) Requires, by October 1, 1998, the competitive procurement outside DOD of all ophthalmic services related to the provision of eyeware for certain current and former military personnel and their beneficiaries, with an exception. (Sec. 246) Directs the Comptroller General (CG) to conduct studies evaluating: (1) the adequacy of the maximum allowable charges for physicians under CHAMPUS and the effect of such charges on physician participation in CHAMPUS; (2) DOD pharmacy programs; and (3) the validity of recommendations made by the Navy's Medical Education Policy Council regarding restructuring the Navy's graduate medical education program (prohibits any restructuring until a required report is submitted). (Sec. 249) Directs the Secretary to report on expanding the eligibility for participation in a demonstration project for the purchase of prescription pharmaceuticals by mail to include additional Medicare-eligible CHAMPUS beneficiaries. (Sec. 250) Directs the CG to study and report to the Congress and the Secretary on current requirements for military medical facilities in the National Capital Region. (Sec. 251) Directs the Secretary to report to the defense committees on the effectiveness of DOD policies and programs promoting healthy lifestyles among military personnel and their dependents. (Sec. 252) Expresses the sense of the Congress that the Congress and the President should address the problems associated with the provision of quality health care to military retirees. Subtitle F: Persian Gulf Illness - Directs the Secretaries of Defense and Veterans Affairs to jointly prepare and submit a plan to provide appropriate health care to Persian Gulf veterans (and their dependents) who suffer from a Gulf War illness. (Sec. 263) Directs the CG to submit a study evaluating revised DOD criteria used by physical evaluation boards to set disability ratings for military personnel who are no longer medically qualified for active duty so as to ensure the accuracy of such ratings with respect to the diagnosis of a Persian Gulf illness. (Sec. 264) Entitles to medical care to the same extent as a member on active duty a member of the reserves who is: (1) a Persian Gulf War veteran with a qualifying symptom or illness; and (2) not otherwise entitled to medical and dental care under either CHAMPUS or veterans' medical care. (Sec. 265) Directs the Secretary to establish a medical tracking system for military personnel deployed outside the United States as part of a contingency or combat operation. (Sec. 266) Directs the Secretary to provide affected members with specified information with regard to the receipt of an investigational new drug, including new drug notification and information concerning possible side effects. (Sec. 267) Directs the Secretary to submit a plan for tracking members and units serving in a theater of operations during a contingency or combat operation. (Sec. 268) Expresses the sense of the Congress that the Secretary should ensure that U.S. military units involved in a contingency or combat operation include specialized units to detect and monitor the presence of chemical, biological, and similar hazards. (Sec. 269) Directs the Secretary to report on the effectiveness of medical research initiatives regarding Persian Gulf War illnesses. (Sec. 270) Directs the Secretaries of Defense and Veterans Affairs to establish a program of cooperative clinical trials at multiple sites to address the effectiveness of protocols for treating Persian Gulf War veterans who suffer from ill-defined or undiagnosed conditions. (Sec. 271) Expresses the sense of the Congress that all promising technologies and treatments relating to Persian Gulf War illnesses should be fully explored and tested to facilitate treatment to such veterans who are stricken with unexplainable illness. Title III: Military Construction, Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 305) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title IV: Military Construction, Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 405) Amends the Military Construction Authorization Act for Fiscal Year 1997 to: (1) authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act; and (2) increase the amount authorized for a project at Naval Station Roosevelt Roads, Puerto Rico. Title V: Military Construction, Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 505) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title VI: Military Construction, Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 604) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 605) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 607) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act, for a project at McClellan Air Force Base, California. (Sec. 608) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. Title VII: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title VIII: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 802) Increases the amounts authorized under a prior military construction authorization Act for projects at the Army National Guard, Hilo, Hawaii, and the Naval and Marine Corps Reserve, New Orleans, Louisiana. (Sec. 803) Directs the Secretary of the Army, with regard to a military construction project at Camp Williams, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions toward project land acquisition, site preparation, and relocation costs. Title IX: Expiration and Extension of Certain Authorizations - Terminates all authorizations contained in titles III through VIII of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. (Sec. 906) Extends the availability of funds appropriated under a prior defense appropriations Act for construction of over-the-horizon radar at the Naval Station Roosevelt Roads, Puerto Rico. Title X: General Military Construction Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Requires the Secretary concerned to provide congressional notification when carrying out unspecified minor construction projects even though the project will use funds made available to enhance the deployment and mobility of military forces and supplies. (Sec. 1002) Requires congressional notification by the Secretary concerned when using O&M funds to carry out a repair project with an estimated cost in excess of $10 million. (Sec. 1003) Authorizes the Secretary of the Army to lease up to eight family housing units in the Miami, Florida area for key and essential personnel of the United States Southern Command for which unit rental expenditures exceed normal authorized amounts. (Sec. 1004) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. (Sec. 1005) Requires congressional notification with respect to the use of DOD housing funds for investments in nongovernmental entities. Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor land acquisition threshold. (Sec. 1012) Authorizes the Secretary of a military department to convey to a municipal, private, regional, district, or cooperative utility company or other entity part or all of a utility system under its jurisdiction. Requires 21-day prior congressional notification. (Sec. 1013) Authorizes the Secretary concerned to accept amounts provided by a person or entity to cover administrative expenses incurred in entering into real property transactions. (Sec. 1014) Prohibits the Secretary concerned from conveying any real property unless the Administrator of General Services has screened the property for further Federal use under the Federal Property and Administrative Services Act of 1949. Requires notification to the Secretary concerned of screening results. Provides excepted conveyances. (Sec. 1015) Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. (Sec. 1016) Directs the Secretary of the Army to report to the defense and appropriations committees a plan to address the requirements for fire protection and hazardous materials protection services at Fort Meade, Maryland. Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the head of the Federal agency acquiring non-federal property as a new or replacement Federal facility to consult with the Secretary concerning the feasibility and cost advantages of using Federal property or facilities at a closed military installation in lieu of such an acquisition. Requires the concurrence of the redevelopment authority for the area concerned. (Sec. 1022) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. (Sec. 1023) Authorizes the Secretary of the Army to enter into an agreement with the local redevelopment authority for the Red River Army Depot, Texas, under which the Secretary shall provide security, fire protection, or hazardous material response services on property under the jurisdiction of such authority after realignment under the base closure laws. (Sec. 1024) Directs the Secretary to prepare and submit to the defense and appropriations committees a report on costs and savings attributable to prior base closure rounds and on the need for additional base closure rounds. Requires the Congressional Budget Office and the CG to review such report. Prohibits the use of any funds for the closure or realignment of military installations until such report and reviews are completed. Expresses the sense of the Senate that the Secretary should develop a system for determining actual costs and savings associated with base closures and apply such system to the 1995 base closure round. (Sec. 1025) Expresses the sense of the Senate that the savings derived from the base closure process should be utilized by DOD solely for the modernization of new weapon systems. (Sec. 1026) Prohibits the Secretary of the Navy, in disposing of real property in connection with the closure of Naval Station, Long Beach, California, from conveying any portion of such property to the China Ocean Shipping Company or any of its successors or subsidiaries. Provides a reversionary interest to the United States if such a transfer occurs. Requires the Secretary and the Director of the Federal Bureau of Investigation to separately submit to the President and the defense and appropriations committees a report on the national security implications of such a conveyance. Provides presidential waiver authority with respect to the prohibition. Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) Hale County, Alabama, specified real property at the Army Reserve Center, Greensboro; (2) Big Five Community Services Incorporated, an Oklahoma nonprofit corporation, the James T. Coker Army Reserve Center in Durant; (3) the Lawndale Business and Local Development Corporation in Illinois the Gibson Army Reserve Center, Chicago; (4) Caroline County, Virginia, specified real property at Fort A.P. Hill; (5) Wrightstown, New Jersey, and the New Hanover Board of Education specified portions of real property at Fort Dix; (6) Spring Lake and Harnett County, North Carolina, specified portions of real property at Fort Bragg; and (7) Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 1038) Amends the National Defense Authorization Act for Fiscal Year 1996 to authorize the Secretary of the Army to convey to Indiana an additional parcel of real property at the Indiana Army Ammunition Plant. (Sec. 1039) Modifies prior land conveyances with respect to: (1) Lompoc, California; (2) the Rocky Mountain Arsenal, Colorado; and (3) the Army Reserve Center, Andersen, South Carolina. Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the Maine School Administrative District No. 75, Topsham, a parcel of the Topsham Annex, Naval Air Station in Brunswick; and (2) Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay. (Sec. 1053) Amends the Military Construction Authorization Act for Fiscal Year 1997 to change from the State of Mississippi to Lauderdale County, Mississippi, the lessee designation with respect to a lease of the Naval Air Station in Meridian. Part III: Air Force Conveyances - Transfers administrative jurisdiction over specified real property at Eglin Air Force Base, Florida, from the Secretary of Transportation to the Secretary of the Air Force. Revokes a contrary executive order. (Sec. 1062) Authorizes the Secretary of the Air Force to convey to: (1) Air Force Village West, Incorporated, in Riverside, California, specified real property at March Air Force Base; (2) the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property at Ellsworth Air Force Base; (3) Onondaga County, New York, specified real property at Hancock Field, Syracuse; (4) the Bear Paw Development Corporation, Havre, Montana, the Havre Air Force Station and the Havre Training Site; and (5) Bangor, Maine, the Charleston Family Housing Complex in Bangor. (Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary of the Air Force to report on Air Force land exchange options in the vicinity of Shaw Air Force Base, South Carolina. Subtitle E: Other Matters - Authorizes the Secretary of the Navy to terminate or reduce the operations of the Naval Academy Dairy Farm in Gambrills, Maryland. Authorizes such Secretary to lease the dairy farm property, as long as the rural and agricultural nature of the property is maintained. (Sec. 1072) Authorizes the Secretary of the Navy to acquire by long-term lease structures and real property relating to a regional hospital complex in Naples, Italy, that are suitable for the Naples Improvement Initiative. (Sec. 1073) Designates specified military family housing developments at Lackland Air Force Base, Texas, in honor of Frank Tejeda, a late Member of the House of Representatives. (Sec. 1074) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of such installations as possible. Title XI: Sikes Act Improvement - Sikes Act Improvement Act of 1997 - Amends an Act of September 15, 1960, commonly known as the Sikes Act, to officially designate such Act as the Sikes Act. Directs (current law authorizes) the Secretary to carry out a program for the conservation and rehabilitation of natural resources on military installations. Requires the Secretary of each military department to prepare and implement an integrated natural resources management plan (plan) for each military installation under his or her jurisdiction. Authorizes such Secretaries to provide for: (1) the conservation and rehabilitation of natural resources on such installations and the sustainable multipurpose use of such resources; and (2) public access to such installations to facilitate their use. Directs each Secretary to: (1) review military installations under his or her jurisdiction for which the preparation of a plan is appropriate; (2) submit such determinations to the Secretary; and (3) implement such plans within three years thereafter. Requires the Secretary to report such reviews to the Congress. Provides an opportunity for public comment on such plans. (Sec. 1106) Allows wildlife conservation fees collected at military installations which are subsequently closed to be transferred to another military installation and used for the same purpose. (Sec. 1107) Requires annual reviews and reports by the Secretaries of Defense and the Interior with respect to the implementation of such plans. (Sec. 1108) Authorizes multiyear cooperative agreements for plan implementation. (Sec. 1109) Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. (Sec. 1110) Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform necessary tasks for plan compliance. (Sec. 1114) Extends through FY 2003 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.

Federal Energy Bank Act

United States · United States Congress · 5 November 1997

Federal Energy Bank Act - Establishes the Federal Energy Bank (trust fund) in the Treasury to finance energy efficiency projects at Federal agencies. Prescribes guidelines for loan program and project selection criteria. Authorizes appropriations.

Federal Reports Elimination Act of 1998

United States · United States Congress · 4 November 1997

TABLE OF CONTENTS: Title I: Department of Agriculture Title II: Department of Defense Title III: Education Title IV: Department of Energy Title V: Environmental Protection Agency Title VI: Department of Health and Human Services Title VII: Department of Housing and Urban Development Title VIII: Indian Affairs Title IX: Department of the Interior Title X: Department of Justice Title XI: NASA Title XII: Nuclear Regulatory Commission Title XIII: OMB, OPM, and GSA Title XIV: Trade Title XV: Department of Transportation Federal Reports Elimination Act of 1997 - Repeals and modifies requirements for specified Federal reports.

To provide for the declassification of the journal kept by Glenn T. Seaborg while serving as Chairman of the Atomic Energy Commission.

United States · United States Congress · 4 November 1997

Instructs the Secretary of Energy to return to Dr. Glenn T. Seaborg the journal he prepared while serving as Chairman of the Atomic Energy Commission, in the original, unredacted form in which it was submitted for review to the Commission's Division of Classification.

Silk Road Strategy Act of 1998

United States · United States Congress · 30 October 1997

Silk Road Strategy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance to the South Caucasus and Central Asia countries to: (1) promote sovereignty and independence with democratic government; (2) assist in the resolution of regional conflicts; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. Prohibits assistance to such countries (unless it is important to the U.S. national interest) if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have knowingly transferred controlled missiles or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (3) have supported acts of international terrorism; (4) are prohibited from receiving such assistance by specified Acts; or (5) have initiated an act of aggression against another state in the region. Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflicts in Georgia, Azerbaijan, and the civil war in Tajikistan.

A bill to provide for an increase in pay and allowances for members of the uniformed services for fiscal year 1998, to improve certain authorities relating to the pay and allowances and health care of such members, to authorize appropriations for fiscal year 1998 for military construction, and for other purposes.

United States · United States Congress · 29 October 1997

TABLE OF CONTENTS: Title I: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title II: Health Care Provisions Subtitle A: Health Care Services Subtitle B: Tricare Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Subtitle F: Persian Gulf Illness Title III: Military Construction, Army Title IV: Military Construction, Navy Title V: Military Construction, Air Force Title VI: Military Construction, Defense Agencies Title VII: North Atlantic Treaty Organization Security Investment Program Title VIII: Guard and Reserve Forces Facilities Title IX: Expiration and Extension of Certain Authorizations Title X: General Military Construction Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Real Property and Facilities Administration Subtitle C: Defense Base Closure and Realignment Subtitle D: Land Conveyances Subtitle E: Other Matters Title XI: Sikes Act Improvement Title I: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. (Sec. 102) Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary of Defense (Secretary) to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on a specified conditional date. (Sec. 103) Consolidates and revises generally Federal provisions concerning the basic allowance for quarters (BAQ), the variable housing allowance, and overseas housing allowances (which include a family separation housing allowance). (Sec. 104) Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 105) Prohibits the total pay and allowances of a member from being reduced when such member is assigned either to field duty at a home station or to temporary duty away from the member's permanent duty station. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 114) Increases the monthly hazardous duty incentive pay and the aviation career incentive pay, the latter effective as of January 1, 1999. (Sec. 116) Increases the aviation officer retention bonus and authorizes bonus agreements to extend for a third year. (Currently, only one or two-year agreements are permitted.) (Sec. 117) Authorizes the payment of an annual retention bonus for certain dental officers who execute a written agreement to remain on active duty for two, three, or four years after completion of their active-duty service commitment. Authorizes the Secretary concerned to extend such bonus authority to other dental officers not immediately qualifying for such bonus. (Sec. 118) Increases the variable and additional special pays for dental officers with specified years of creditable service. (Sec. 119) Authorizes the payment of special pay for members on duty at a location designated by the Secretary as a hardship duty location. (Sec. 121) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 122) Provides eligibility for the Selected Reserve reenlistment bonus to an enlisted member of a reserve component who has completed less than 14 (currently, ten) years of total military service. Increases bonus amounts. Provides similar eligibility and amount revisions with respect to former enlisted personnel who become members of the Selected Reserve after completion of their enlisted service. (Sec. 123) Extends to Coast Guard personnel eligibility for payment of a bonus when entering into a reserve affiliation agreement to serve in the reserves upon completion of an active-duty tour. (Sec. 124) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 125) Authorizes the Secretary of the military department concerned (Secretary concerned) to pay either a monthly special pay or an annual bonus for enlisted personnel with designated specialties who agree to extend their tours of duty at designated overseas locations. Requires pro rata repayment of an unearned bonus, with a waiver authorized. Prohibits the concurrent receipt by such personnel of the annual bonus and rest and recuperative absence or transportation. (Sec. 126) Increases from $75 to $100 the monthly family separation allowance. (Sec. 127) Allows for payment of the muster duty allowance within 30 days after such duty is performed. (Currently, such payment is required on or before the date of such duty.) Subtitle C: Travel and Transportation Allowances - Removes certain restrictions on the payment of travel and transportation allowances to dependents of members who receive certain court-martial sentences. (Sec. 132) Changes the authorized amount of the military dislocation allowance from two months of the BAQ to a rate based on the member's pay and dependency status. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 142) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 143) Directs the Secretary to review and report to the defense committees on the current Federal protections and benefits afforded to: (1) current and former military personnel and Federal employees; and (2) former spouses of such personnel and employees. (Sec. 144) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. (Sec. 145) Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary of Veterans Affairs to consolidate into a single payment certain annuities currently paid by the Secretary of Defense to the survivors of military retirees. Subtitle E: Other Matters - Authorizes the Secretary concerned to repay loans used to finance the education of commissioned officers who are qualified in the health professions. Requires the officer to serve an additional period of active duty in return for such repayment. Limits the repayment amount to $22,000 for each additional year that the officer agrees to extend his or her duty. (Sec. 152) Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to bring the separation pay provisions of commissioned officers of the National Oceanic and Atmospheric Administration into conformity with separation pay authorized for members of the armed forces. (Sec. 153) Makes members of the Public Health Service and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. (Sec. 154) Authorizes the Secretary concerned to pay to World War II veterans who served as guerilla fighters in the Philippines an amount representing the quarters and subsistence allowance which accrued during the period of service between January 1942 and February 1945. (Sec. 155) Directs the Secretary to study and report on military personnel and their families who subsist at, near, or below the poverty level. Directs the Secretary of Agriculture to make available to the Secretary the same payments and commodities for military personnel outside the United States as are made for the special supplemental food program in the United States under the Child Nutrition Act of 1996. Requires an implementation report. Title II: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under its military retiree dental insurance plan the surviving spouse and child dependents of military personnel who die while on active duty of 30 days or more and whose dependents are no longer eligible for dental benefits under the regular dental insurance plan. (Sec. 202) Authorizes the provision of prosthetic devices necessary due to significant conditions resulting from trauma, congenital anomalies, or disease. (Sec. 203) Directs the Secretary to conduct a study on the provision to TRICARE beneficiaries of comparative information on the medical assistance provided by a managed care entity. Subtitle B: Tricare Program - Directs the Secretary to prepare and submit a plan for the expansion of the managed care option of the TRICARE Program known as TRICARE Prime into areas outside of the catchment areas of military medical treatment facilities in which such option is a cost-effective alternative. Subtitle C: Uniformed Services Treatment Facilities - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to modify the effective date of the implementation of military health care designated provider agreements to permit a transition period of not more than six months between the date of agreement execution and the date on which the designated provider commences delivery of health care services. Provides for the temporary continuation during such period of existing health care participation agreements. (Sec. 222) Requires a designated provider to be considered part of the Department of Defense (DOD) for purposes of the continued acquisition of reduced-cost drugs for enrollees under the agreement. (Sec. 223) Directs the Secretary, in establishing the ceiling rate for designated provider enrollees who are also eligible for CHAMPUS services, to take into account the health status of such enrollees. Subtitle D: Other Changes to Existing Law Regarding Health Care Management - Makes active-duty personnel assigned to certain remote duty locations eligible for health care under CHAMPUS. Directs the Secretary to waive any deductible, copayment, or annual CHAMPUS fee with respect to such personnel. (Sec. 232) Authorizes the Secretary to waive or reduce the overseas dental plan copayments required of military dependents who accompany members overseas. (Sec. 233) Directs the Secretary to: (1) establish procedures for the collection of the member's share of premiums under the Selected Reserve dental insurance plan and the retiree dental insurance plan; (2) allow such members to pay such premiums through payroll deduction; and (3) submit an implementation program with respect to both plans. Extends through April 1, 1998, the deadline for implementation of the dental insurance plan for military retirees. (Sec. 234) Makes the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating as a service of the Navy) (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 235) Revises CHAMPUS provisions to conform health care provider reimbursement rates with such rates under title XVIII (Medicare) of the Social Security Act. (Sec. 236) Authorizes the Secretaries of Defense and Transportation to enter into personal services contracts to carry out certain health care responsibilities at locations outside of military medical treatment facilities. Includes the actions of service contract personnel under provisions concerning the defense of lawsuits arising out of medical malpractice. Requires a report from the Secretary on alternative means for performing medical screening examinations routinely performed at military entrance processing stations. (Sec. 237) Authorizes any health-care professional holding a current medical, dental, or other health care license to practice within a DOD health care facility, a civilian facility affiliated with DOD, or any other location authorized by the Secretary. (Sec. 238) Requires the Secretary to prescribe a standard form for the admission of claims for the payment of health care services provided under CHAMPUS. (Sec. 239) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 the chiropractic health care demonstration program. Requires such program to be expanded to at least three other military health care facilities, including the National Naval Medical Center and the Walter Reed Army Medical Center. Directs the Secretary to: (1) report to the defense committees on the additional facilities participating in the program; and (2) modify the program to evaluate its effectiveness at all of the facilities. Subtitle E: Other Matters - Authorizes the Secretary of the Army to enter into an agreement with an accredited institution of higher education under which students may attend the physician assistant training program conducted by the Army Medical Department at the Academy of Health Sciences at Fort Sam Houston, Texas, in return for the institution's agreeing to perform Academy support services. (Sec. 242) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 243) Authorizes the Secretary of the Air Force, after 90 days' notice to the defense and appropriations committees, to enter into an agreement with Gerald Champion Hospital, Alamagordo, New Mexico, for the provision of health care services to eligible individuals in a medical resource facility in Alamagordo that is constructed, in part, using funds provided by the Secretary under the agreement. Provides funding for such agreement from Air Force operation and maintenance (O&M) funds. Directs the Secretary to review the proposed agreement and provide comments to the Congress before the agreement may take effect. (Sec. 244) Directs the Secretary to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 245) Requires, by October 1, 1998, the competitive procurement outside DOD of all ophthalmic services related to the provision of eyeware for certain current and former military personnel and their beneficiaries, with an exception. (Sec. 246) Directs the Comptroller General (CG) to conduct studies evaluating: (1) the adequacy of the maximum allowable charges for physicians under CHAMPUS and the effect of such charges on physician participation in CHAMPUS; (2) DOD pharmacy programs; and (3) the validity of recommendations made by the Navy's Medical Education Policy Council regarding restructuring the Navy's graduate medical education program (prohibits any restructuring until a required report is submitted). (Sec. 249) Directs the Secretary to report on expanding the eligibility for participation in a demonstration project for the purchase of prescription pharmaceuticals by mail to include additional Medicare-eligible CHAMPUS beneficiaries. (Sec. 250) Directs the CG to study and report to the Congress and the Secretary on current requirements for military medical facilities in the National Capital Region. (Sec. 251) Directs the Secretary to report to the defense committees on the effectiveness of DOD policies and programs promoting healthy lifestyles among military personnel and their dependents. (Sec. 252) Expresses the sense of the Congress that the Congress and the President should address the problems associated with the provision of quality health care to military retirees. Subtitle F: Persian Gulf Illness - Directs the Secretaries of Defense and Veterans Affairs to jointly prepare and submit a plan to provide appropriate health care to Persian Gulf veterans (and their dependents) who suffer from a Gulf War illness. (Sec. 263) Directs the CG to submit a study evaluating revised DOD criteria used by physical evaluation boards to set disability ratings for military personnel who are no longer medically qualified for active duty so as to ensure the accuracy of such ratings with respect to the diagnosis of a Persian Gulf illness. (Sec. 264) Entitles to medical care to the same extent as a member on active duty a member of the reserves who is: (1) a Persian Gulf War veteran with a qualifying symptom or illness; and (2) not otherwise entitled to medical and dental care under either CHAMPUS or veterans' medical care. (Sec. 265) Directs the Secretary to establish a medical tracking system for military personnel deployed outside the United States as part of a contingency or combat operation. (Sec. 266) Directs the Secretary to provide affected members with specified information with regard to the receipt of an investigational new drug, including new drug notification and information concerning possible side effects. (Sec. 267) Directs the Secretary to submit a plan for tracking members and units serving in a theater of operations during a contingency or combat operation. (Sec. 268) Expresses the sense of the Congress that the Secretary should ensure that U.S. military units involved in a contingency or combat operation include specialized units to detect and monitor the presence of chemical, biological, and similar hazards. (Sec. 269) Directs the Secretary to report on the effectiveness of medical research initiatives regarding Persian Gulf War illnesses. (Sec. 270) Directs the Secretaries of Defense and Veterans Affairs to establish a program of cooperative clinical trials at multiple sites to address the effectiveness of protocols for treating Persian Gulf War veterans who suffer from ill-defined or undiagnosed conditions. (Sec. 271) Expresses the sense of the Congress that all promising technologies and treatments relating to Persian Gulf War illnesses should be fully explored and tested to facilitate treatment to such veterans who are stricken with unexplainable illness. Title III: Military Construction, Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 305) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title IV: Military Construction, Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 405) Amends the Military Construction Authorization Act for Fiscal Year 1997 to: (1) authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act; and (2) increase the amount authorized for a project at Naval Station Roosevelt Roads, Puerto Rico. Title V: Military Construction, Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 505) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title VI: Military Construction, Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 604) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 605) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 607) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act, for a project at McClellan Air Force Base, California. (Sec. 608) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. Title VII: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title VIII: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 802) Increases the amounts authorized under a prior military construction authorization Act for projects at the Army National Guard, Hilo, Hawaii, and the Naval and Marine Corps Reserve, New Orleans, Louisiana. (Sec. 803) Directs the Secretary of the Army, with regard to a military construction project at Camp Williams, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions toward project land acquisition, site preparation, and relocation costs. Title IX: Expiration and Extension of Certain Authorizations - Terminates all authorizations contained in titles III through VIII of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. (Sec. 906) Extends the availability of funds appropriated under a prior defense appropriations Act for construction of over-the-horizon radar at the Naval Station Roosevelt Roads, Puerto Rico. Title X: General Military Construction Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Requires the Secretary concerned to provide congressional notification when carrying out unspecified minor construction projects even though the project will use funds made available to enhance the deployment and mobility of military forces and supplies. (Sec. 1002) Requires congressional notification by the Secretary concerned when using O&M funds to carry out a repair project with an estimated cost in excess of $10 million. (Sec. 1003) Authorizes the Secretary of the Army to lease up to eight family housing units in the Miami, Florida area for key and essential personnel of the United States Southern Command for which unit rental expenditures exceed normal authorized amounts. (Sec. 1004) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. (Sec. 1005) Requires congressional notification with respect to the use of DOD housing funds for investments in nongovernmental entities. Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor land acquisition threshold. (Sec. 1012) Authorizes the Secretary of a military department to convey to a municipal, private, regional, district, or cooperative utility company or other entity part or all of a utility system under its jurisdiction. Requires 21-day prior congressional notification. (Sec. 1013) Authorizes the Secretary concerned to accept amounts provided by a person or entity to cover administrative expenses incurred in entering into real property transactions. (Sec. 1014) Prohibits the Secretary concerned from conveying any real property unless the Administrator of General Services has screened the property for further Federal use under the Federal Property and Administrative Services Act of 1949. Requires notification to the Secretary concerned of screening results. Provides excepted conveyances. (Sec. 1015) Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. (Sec. 1016) Directs the Secretary of the Army to report to the defense and appropriations committees a plan to address the requirements for fire protection and hazardous materials protection services at Fort Meade, Maryland. Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the head of the Federal agency acquiring non-federal property as a new or replacement Federal facility to consult with the Secretary concerning the feasibility and cost advantages of using Federal property or facilities at a closed military installation in lieu of such an acquisition. Requires the concurrence of the redevelopment authority for the area concerned. (Sec. 1022) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. (Sec. 1023) Authorizes the Secretary of the Army to enter into an agreement with the local redevelopment authority for the Red River Army Depot, Texas, under which the Secretary shall provide security, fire protection, or hazardous material response services on property under the jurisdiction of such authority after realignment under the base closure laws. (Sec. 1024) Directs the Secretary to prepare and submit to the defense and appropriations committees a report on costs and savings attributable to prior base closure rounds and on the need for additional base closure rounds. Requires the Congressional Budget Office and the CG to review such report. Prohibits the use of any funds for the closure or realignment of military installations until such report and reviews are completed. Expresses the sense of the Senate that the Secretary should develop a system for determining actual costs and savings associated with base closures and apply such system to the 1995 base closure round. (Sec. 1025) Expresses the sense of the Senate that the savings derived from the base closure process should be utilized by DOD solely for the modernization of new weapon systems. (Sec. 1026) Prohibits the Secretary of the Navy, in disposing of real property in connection with the closure of Naval Station, Long Beach, California, from conveying any portion of such property to the China Ocean Shipping Company or any of its successors or subsidiaries. Provides a reversionary interest to the United States if such a transfer occurs. Requires the Secretary and the Director of the Federal Bureau of Investigation to separately submit to the President and the defense and appropriations committees a report on the national security implications of such a conveyance. Provides presidential waiver authority with respect to the prohibition. Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) Hale County, Alabama, specified real property at the Army Reserve Center, Greensboro; (2) Big Five Community Services Incorporated, an Oklahoma nonprofit corporation, the James T. Coker Army Reserve Center in Durant; (3) the Lawndale Business and Local Development Corporation in Illinois the Gibson Army Reserve Center, Chicago; (4) Caroline County, Virginia, specified real property at Fort A.P. Hill; (5) Wrightstown, New Jersey, and the New Hanover Board of Education specified portions of real property at Fort Dix; (6) Spring Lake and Harnett County, North Carolina, specified portions of real property at Fort Bragg; and (7) Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 1038) Amends the National Defense Authorization Act for Fiscal Year 1996 to authorize the Secretary of the Army to convey to Indiana an additional parcel of real property at the Indiana Army Ammunition Plant. (Sec. 1039) Modifies prior land conveyances with respect to: (1) Lompoc, California; (2) the Rocky Mountain Arsenal, Colorado; and (3) the Army Reserve Center, Andersen, South Carolina. Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the Maine School Administrative District No. 75, Topsham, a parcel of the Topsham Annex, Naval Air Station in Brunswick; and (2) Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay. (Sec. 1053) Amends the Military Construction Authorization Act for Fiscal Year 1997 to change from the State of Mississippi to Lauderdale County, Mississippi, the lessee designation with respect to a lease of the Naval Air Station in Meridian. Part III: Air Force Conveyances - Transfers administrative jurisdiction over specified real property at Eglin Air Force Base, Florida, from the Secretary of Transportation to the Secretary of the Air Force. Revokes a contrary executive order. (Sec. 1062) Authorizes the Secretary of the Air Force to convey to: (1) Air Force Village West, Incorporated, in Riverside, California, specified real property at March Air Force Base; (2) the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property at Ellsworth Air Force Base; (3) Onondaga County, New York, specified real property at Hancock Field, Syracuse; (4) the Bear Paw Development Corporation, Havre, Montana, the Havre Air Force Station and the Havre Training Site; and (5) Bangor, Maine, the Charleston Family Housing Complex in Bangor. (Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary of the Air Force to report on Air Force land exchange options in the vicinity of Shaw Air Force Base, South Carolina. Subtitle E: Other Matters - Authorizes the Secretary of the Navy to terminate or reduce the operations of the Naval Academy Dairy Farm in Gambrills, Maryland. Authorizes such Secretary to lease the dairy farm property, as long as the rural and agricultural nature of the property is maintained. (Sec. 1072) Authorizes the Secretary of the Navy to acquire by long-term lease structures and real property relating to a regional hospital complex in Naples, Italy, that are suitable for the Naples Improvement Initiative. (Sec. 1073) Designates specified military family housing developments at Lackland Air Force Base, Texas, in honor of Frank Tejeda, a late Member of the House of Representatives. (Sec. 1074) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of such installations as possible. Title XI: Sikes Act Improvement - Sikes Act Improvement Act of 1997 - Amends an Act of September 15, 1960, commonly known as the Sikes Act, to officially designate such Act as the Sikes Act. Directs (current law authorizes) the Secretary to carry out a program for the conservation and rehabilitation of natural resources on military installations. Requires the Secretary of each military department to prepare and implement an integrated natural resources management plan (plan) for each military installation under his or her jurisdiction. Authorizes such Secretaries to provide for: (1) the conservation and rehabilitation of natural resources on such installations and the sustainable multipurpose use of such resources; and (2) public access to such installations to facilitate their use. Directs each Secretary to: (1) review military installations under his or her jurisdiction for which the preparation of a plan is appropriate; (2) submit such determinations to the Secretary; and (3) implement such plans within three years thereafter. Requires the Secretary to report such reviews to the Congress. Provides an opportunity for public comment on such plans. (Sec. 1106) Allows wildlife conservation fees collected at military installations which are subsequently closed to be transferred to another military installation and used for the same purpose. (Sec. 1107) Requires annual reviews and reports by the Secretaries of Defense and the Interior with respect to the implementation of such plans. (Sec. 1108) Authorizes multiyear cooperative agreements for plan implementation. (Sec. 1109) Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. (Sec. 1110) Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform necessary tasks for plan compliance. (Sec. 1114) Extends through FY 2003 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.

Paul E. Tsongas Fellowship Act

United States · United States Congress · 28 October 1997

Paul E. Tsongas Fellowship Act - Establishes Paul E. Tsongas Doctoral Fellowships for study and research in fields of science or engineering that relate to energy or the environment such as physics, mathematics, chemistry, biology, computer science, materials science, environmental science, behavioral science, and social sciences at institutions proposed by applicants for such fellowships. Creates the Paul E. Tsongas Fellowship Board to: (1) establish general policies for the program and oversee its operation; (2) establish general criteria for awarding fellowships; (3) award fellowships; and (4) submit to the Congress at least once in every three-year period a report on any modifications in the program. Authorizes appropriations.

Superfund Cleanup Acceleration and Liability Equity Act

United States · United States Congress · 28 October 1997

TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability and Allocation Title III: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title IV: Natural Resource Damages Title V: State Role Title VI: General Provisions Superfund Cleanup Acceleration and Liability Equity Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise provisions regarding general rules for remedy selection. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Permits land use assumptions restricting future use to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria have been or will be adopted in the final remedy. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (3) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires the President, where a final remedy relies on stabilization, containment, or engineering controls to limit exposure, institutional controls, or other measures, to include requirements for regular monitoring or oversight of the effectiveness and protectiveness of the remedy. Provides certain procedures for the remediation of hot spots. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Requires response actions to return usable groundwater to beneficial uses, wherever practicable, within a time frame that is reasonable given the particular circumstances of the site. Sets forth additional objectives for response actions with respect to remedy selection for groundwater. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely manner. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 103) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective, informative, and understandable assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; and (3) be based on the best, relevant, and current scientific and technical information. (Sec. 104) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 105) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 107) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after October 28, 1997. Requires the Environmental Protection Agency (EPA) to maintain a process to update remedies for which design, construction, or operation and maintenance activities are ongoing as of this Act's enactment date in order to bring past decisions into line with the current state of knowledge with respect to remediation science, technology and engineering, best available facility data, and the most recent EPA policy and guidance. Title II: Liability and Allocation - Revises liability provisions to provide exemptions from liability, for response costs incurred after October 28, 1997, for activity prior to such date, for certain small businesses, persons arranging for disposal, treatment, or transport of only municipal solid waste or sewage sludge who are businesses with fewer than 100 employees, and de micromis parties other than owners or operators who do not impede the performance of a response action or natural resource restoration at an NPL facility. Absolves of liability: (1) owners or operators who are bona fide prospective purchasers of an NPL facility or persons who inherited such a facility; or (2) Federal or State governmental entities or municipalities whose liability is based solely on ownership of a right-of-way or public transportation route over which hazardous substances are transported or on the granting of a license to conduct business. Exempts from liability U.S. Government actions taken in response to a natural disaster. Limits liability with respect to: (1) response costs incurred after October 28, 1997, for activity prior to such date by certain non-owners or operators who arranged for the disposal, treatment, or transport of only municipal solid waste or sewage sludge; (2) codisposal landfills proposed for listing on the NPL before such date that are owned or operated by municipalities and not subject to criteria for solid waste landfills under the Solid Waste Disposal Act; and (3) response costs incurred after such date by certain owners or operators who are tax-exempt organizations. Exempts certain contiguous property owners from liability. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of being a bona fide prospective purchaser described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the first such purchaser is not liable or has resolved liability; or (2) where an audit or inquiry gives the purchaser no reason to know of the release of hazardous substances. Makes amendments pertaining to liability exemptions and limitations inapplicable to actions brought for costs incurred before October 28, 1997. (Sec. 202) Adds to the list of parties eligible for expedited final settlements certain small businesses or parties whose contribution of hazardous substances was small. (Sec. 203) Adds provisions to effect the allocation of liability for response costs at multiparty facilities. Provides for mandatory (at NPL facilities at which response costs are incurred after October 28, 1997) and requested allocations. Places a moratorium on litigation asserting claims for, or seeking recovery of, response costs in connection with actions for which allocations are required or initiated until 90 days after issuance of the allocator's report. Stays pending actions or claims, until such prescribed period, unless the court determines that a stay will result in manifest injustice. Sets forth requirements concerning the allocation process, including those for the notification of potentially responsible parties (PRPs) and determinations regarding de minimis parties. Authorizes the allocation parties to select a neutral allocator from a list provided by the EPA Administrator (Administrator) or from candidates proposed by the parties. Permits PRPs, prior to the issuance of the allocator's report, to submit a private allocation to the allocator. Requires the allocator to adopt such allocation as the report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Prescribes civil and criminal penalties for failures to comply with the allocator's request for information or for making knowingly false statements. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response costs as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from the Hazardous Substance Superfund (Superfund) for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Provides for reimbursements of premia under certain conditions. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth provisions regarding funding of orphan shares. Makes Federal agencies identified as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this section shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 204) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. (Sec. 205) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. Title III: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of hazardous substances at a facility listed or proposed for listing on the NPL or at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit (covered facility)). Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 303) Directs the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established. Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 305) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 306) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and to identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 307) Authorizes grants from Superfund to be made to nonprofit organizations for the training and education of workers engaged in activities related to hazardous waste removal or containment or emergency response. Allocates 20 percent of such grants for training of minority and other community-based workers engaged in such activities. Raises the maximum amount allowed for such grants for FY 1999 through 2003. Subtitle B: Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 314) Authorizes the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 315) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title. Title IV: Natural Resource Damages - Removes natural resource liability provisions. Requires sums recovered for such damages by the U.S. Government, a State, or an Indian tribe to be used only for reasonable restoration measures for such resources. (Sec. 402) Sets forth requirements for the designation of a lead trustee in cases where more than one Federal, State, or tribal trustee has cause to conduct a natural resource damage assessment. (Sec. 403) Requires Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 404) Makes the amendments made by this title inapplicable to actions to recover such damages that were filed before October 28, 1997. (Sec. 405) Limits the measure of natural resource damages to the reasonable costs of: (1) assessing such damages; (2) restoring such resources; and (3) the lost-use of such resources occurring after December 11, 1980. Bars recovery for any impairment of nonuse values as a separate compensable damage. Prohibits contingent valuation methodology and other economic polling techniques from being used to value lost natural resource services or particular restoration alternatives. (Sec. 406) Sets forth goals of natural resource restoration. (Sec. 407) Bars double recovery by a Federal, State, or tribal trustee under any Act for natural resource damages. (Sec. 408) Permits recovery of natural resource damages by a trustee only if the damage assessment demonstrates that the hazardous substance release was a cause of any alleged natural resource injuries that deviate from the baseline condition. Title V: State Role - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 502) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. Title VI: General Provisions - Provides that the approval of a State Governor is not necessary before the President lists a facility on the NPL.

Paul E. Tsongas Fellowship Act

United States · United States Congress · 28 October 1997

Paul E. Tsongas Fellowship Act - Establishes Paul E. Tsongas Doctoral Fellowships for study and research in fields of science or engineering that relate to energy or the environment such as physics, mathematics, chemistry, biology, computer science, materials science, environmental science, behavioral science, and social sciences at institutions proposed by applicants for such fellowships. Creates the Paul E. Tsongas Fellowship Board to: (1) establish general policies for the program and oversee its operation; (2) establish general criteria for awarding fellowships; (3) award fellowships; and (4) submit to the Congress at least once in every three-year period a report on any modifications in the program. Authorizes appropriations.

Curt Hebert, Jr., of Mississippi, to be a Member of the Federal Energy Regulatory Commission for the remainder of the term expiring June 30, 1999, vice Elizabeth Anne Moler.

United States · United States Senate · 24 October 1997

Superfund Recycling Equity Act of 1997

United States · United States Congress · 24 October 1997

Superfund Recycling Equity Act of 1997- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.

Linda Key Breathitt, of Kentucky, to be a Member of the Federal Energy Regulatory Commission for a term expiring June 30, 2002, vice Donald Farley Santa, Jr, term expired.

United States · United States Senate · 23 October 1997

Curt Herbert, Jr., of Mississippi, to be a Member of the Federal Energy Regulatory Commission for the remainder of the term expiring June 30, 1999, vice Elizabeth Anne Moler.

United States · United States Senate · 23 October 1997

Superfund Acceleration, Fairness, and Efficiency Act

United States · United States Congress · 23 October 1997

Title I: Remedy Selection and Environmental Standards Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Title III: Liability Reform Title IV: Brownfields Revitalization Title V: State Role Title VI: Natural Resources Damages Title VII: Oil Pollution Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Acceleration, Fairness, and Efficiency Act - Title I: Remedy Selection and Environmental Standards - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Authorizes remedial actions to achieve protection of human health and the environment through: (1) treatment that reduces the toxicity, mobility, or volume of hazardous substances, pollutants, or contaminants; (2) natural attenuation; (3) containment or other controls to limit exposure or release; (4) removal of contaminated media; (5) a combination of treatment, containment, and removal; or (6) other methods of protection. (Current law requires that actions in which treatment which permanently and significantly reduces the volume, toxicity, or mobility of such substances is a principal element are to be preferred over actions not involving such treatment.) Requires the President to give preference to remedies that include a treatment component for discrete areas within a facility that contain: (1) high concentrations of highly toxic substances that present such a threat to human health or the environment that it would be imprudent to rely solely on remedies that exclude such component; or (2) high concentrations of such substances that cannot be controlled reliably through engineered barriers and therefore could present such threats if not treated. Directs the President, in any case in which a selected action allows hazardous substances to remain on-site at a facility above concentration levels that would be protective for unrestricted use, to: (1) include, as an integral component of the remedy, restrictions on the use of land, water or other resources to provide long-term health and environmental protection; (2) not determine the remedy to be complete until a mechanism is established to ensure ongoing monitoring and operation and maintenance of the remedy and until necessary institutional controls are implemented and subject to monitoring and enforcement; and (3) ensure that such controls remain in effect as long as necessary to protect human health and the environment. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures except in extraordinary circumstances. Establishes public notice requirements with respect to the selection of remedies at facilities relying on such controls. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decision as an integral component of the remedy at facilities that are, or have been, on the National Priorities List (NPL). Requires the Administrator of the Environmental Protection Agency (EPA) to report annually to specified congressional committees on each record of decision signed during the previous fiscal year, the type of institutional controls and media affected, and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 104) Revises requirements for the degree of cleanup. Requires the President, in determining what is protective of human health and the environment, to conduct site-specific human health and ecological risk assessments. Bases human exposure assessments on the reasonably anticipated uses of land and water. Bases determinations of what is protective of plants and animals on the significance of impacts from a release or threatened release of hazardous substances to a local ecosystem and plant and animal communities or populations. Requires selected remedies to take into account reasonably anticipated beneficial uses of: (1) land at a facility and, as appropriate, of nearby property; and (2) groundwater that are or may be impacted by releases or threatened releases and the timing of such uses. Sets forth assumptions to be made by the Administrator regarding such uses. Requires remedial actions with respect to hazardous substances that will remain onsite to comply with requirements applicable to the operation of such actions and that will attain at least any promulgated concentration levels applicable to determining the level of cleanup for actions under: (1) a Federal environmental or facility siting law legally applicable to the substance concerned; or (2) a legally applicable State law that is identified by the State to the President as applicable at the facility to the proposed remedial alternative, that is of general applicability, and that is consistently applied to response actions in the State. Requires final remedies, to the extent technically practicable, to prevent impairment of any designated use of surface water under the Federal Water Pollution Control Act and to ensure that uncontaminated groundwater is protected from contamination unless: (1) the remedial action includes natural attenuation to facilitate restoration of groundwater to beneficial use within a reasonable period of time; (2) an alternative concentration limit has been adopted; or (3) the groundwater has no beneficial use. Requires final remedies to prevent or eliminate, at a minimum, human ingestion or exposure to drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternative water supply. (Sec. 105) Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. (Sec. 106) Authorizes the President, to expedite and increase the efficiency of the remedy selection process, to establish generic remedies where such remedies are demonstrated to be effective in protecting human health and the environment. Permits such remedies to provide for consideration of site-specific factors along with generic approaches for particular categories of sites. Waives the requirement for a site-specific risk assessment (other than a baseline) in cases where generic remedies are applied. Permits the Administrator to issue waivers of generic remedies if information submitted by the interested party demonstrates that a generic remedy is inappropriate or that another alternative can protect human health and the environment through less costly means. (Sec. 107) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 108) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. (Sec. 109) Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Authorizes the President to establish a different threshold for remedy review for U.S.-owned or operated facilities. Provides for public notice of such reviews. (Sec. 110) Directs the President to review past Superfund records of decision, upon request of an interested party within 12 months of this Act's enactment date, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits Community Advisory Groups, affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 203) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 204) Authorizes a State with an NPL site to establish a Superfund Site Information Office. Requires the Administrator to provide financial and other assistance to States for establishment and operation of such Offices. Directs the Administrator to establish such Offices within EPA for States that fail to do so. (Sec. 205) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to Community Advisory Groups or affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 207) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 208) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 25 individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established. Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide technical and administrative support for such Groups. (Sec. 209) Directs the Administrator to submit to the Congress and Superfund Site Information Offices a community study that includes an analysis of: (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title III: Liability Reform - Revises limits on obligations from the Hazardous Substance Superfund (Superfund) to continue response actions. Bars the President from taking or requiring response actions at any facility after $4 million has been expended or two years have elapsed from the date of initial response unless the facility is on or proposed to be on the NPL or: (1) continued response actions are required to prevent or mitigate an emergency; (2) there is immediate risk to public health or welfare or the environment; and (3) such assistance will not be otherwise provided on a timely basis. Revises confidentiality requirements with respect to information regarding response actions and applies such requirements to contractors. (Sec. 302) Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. (Sec. 304) Absolves of liability for response costs and damages certain owners or operators and contiguous property owners, including persons who inherited the property concerned or received it by charitable donation and government entities that acquired property involuntarily or through eminent domain, if such persons: (1) did not cause or contribute to the hazardous substance release that caused the incurrence of response costs; and (2) exercised due care with respect to such substance. Exempts from liability construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised due care upon discovery of such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. (Sec. 305) Absolves certain small businesses and de minimis parties of liability with respect to actions taken before October 23, 1997. Removes such exemption if the de minimis materials contribute significantly to response costs or to natural resource damages. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 306) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 307) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 308) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to provide authority for the Federal district court with jurisdiction to resolve disagreements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. Revises provisions regarding mixed funding to require the President to reimburse parties from Superfund where settlements or administrative orders require them to perform response actions at NPL sites where the costs will exceed the aggregate equitable shares of costs. Provides special conditions for funding with respect to settlements entered into, or orders issued, before October 23, 1997. Authorizes the President to delay reimbursements in fiscal years in which funds are unavailable. Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. (Sec. 309) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from liability for environmental response actions with respect to NPL facilities. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Deems transactions involving used oil to be arranging for recycling if the person involved demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material was not mixed with hazardous waste regardless of when generated; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; (5) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act; and (6) the transaction was not for the purpose of recycling used oil by using it for dust suppression. Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained: (1) polychlorinated biphenyls in excess of the threshold for regulation under the Toxic Substances Control Act; or (2) a concentration of a solid waste determined by the Administrator to be inherently waste-like (including certain hazardous wastes and sludges) pursuant to specified Federal regulations. (Sec. 310) Requires the President, upon request of two or more PRPs at an NPL facility or vessel, to initiate an allocation for a response action at such facility or vessel if: (1) the action is not the subject of a consent decree entered, or an administrative order issued, before October 23, 1997; and (2) the aggregate costs of all actions at such facility or vessel are estimated to exceed $5 million. Provides for allocations, upon request of such parties, for actions that are undergoing construction pursuant to such decrees or orders if provided for under Section 311 of this Act. Makes the allocation process inapplicable to any U.S.-owned or operated facility or vessel and any facility or vessel for which there is only one PRP or for which there has been a final settlement, decree, or order that determines the allocated shares of all PRPs. Sets forth requirements for the President in initiating the allocation process. Authorizes the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth requirements for the selection of a neutral, third party allocator by PRPs or the President. Describes the allocator's authorities. Authorizes the allocator, based on collected information, to amend the list of PRPs to add, delete, or change the status of such parties. Permits allocation parties to submit the names of additional PRPs to the allocator. Sets forth procedures for the allocation of response costs to PRPs and Superfund by the allocator. Divides unattributable shares pro rata among the allocation parties and Superfund. Requires the allocator to issue an allocation report identifying the share of response costs attributable to each party, individually and by category, and to Superfund. Permits private allocations submitted by allocation parties to be adopted as the allocation report under certain conditions. Sets forth: (1) confidentiality requirements with respect to documents submitted to the allocator; (2) conditions under which the Administrator and Attorney General may reject the allocator's report; and (3) requirements for accepting settlements based on allocations. Authorizes the United States to commence an action against any allocation party that has not resolved its liability to the United States following an allocation. (Sec. 311) Sets forth conditions under which parties responsible for carrying out response actions pursuant to consent decrees entered, or administrative orders issued, before October 23, 1997, shall be entitled to mixed funding. Title IV: Brownfields Revitalization - Directs the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Makes Superfund monies available for such grants. (Sec. 402) Authorizes the Administrator to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Makes limited amounts available from Superfund for FY 1998 through 2002 for such assistance. (Sec. 403) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the NPL at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action if a voluntary response action is being conducted under an approved State plan or the action has been certified as complete by a State. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. Title V: State Role - Authorizes the Administrator to delegate authority to States to take specified actions at NPL facilities, including actions relating to response, liability, settlements, allocations, Federal facilities, remedy selections, and community participation. Sets forth administrative provisions and restrictions on such authority. Authorizes States to request delisting of NPL facilities for which responsibility has been transferred. Permits the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States to which authorities have been delegated. (Sec. 502) Allows the Administrator to authorize States to implement a State hazardous substance response program in lieu of the response action authorities of this Act at any NPL facility. Sets forth administrative provisions and restrictions on such authority. Permits States to delist a facility from the NPL if no further action to address the contamination is necessary to protect health and the environment or cleanup is proceeding under the Solid Waste Disposal Act. Authorizes the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States implementing State response programs. (Sec. 503) Requires the Administrator to provide grants to, or enter into contracts with, States to which authorities have been delegated. Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and the costs of operation and maintenance. (Sec. 506) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. Authorizes the President to add a facility without a Governor's concurrence 12 months following the request for concurrence if the Governor has not taken a response action to address the release or threatened release at the facility and the facility presents sufficient risks under the Hazard Ranking System to be listed as a national priority. Provides for deferrals to listing if long-term remedial action will be conducted under other Federal authorities or if remedial action that will provide long-term health and environmental protection is underway under a State response program. (Sec. 507) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 508) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. Title VI: Natural Resources Damages - Revises provisions regarding liability for natural resources damages to include the governments of foreign countries whose natural resources are damaged in the list of parties to which a charged party may be liable. (Sec. 604) Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes and foreign governments. (Sec. 606) Limits the measure of damages to a natural resource to: (1) reasonable costs of restoration; (2) the loss of use by the public of the resource prior to restoration, except that any loss before December 11, 1980 (CERCLA's enactment date), shall not be recoverable; and (3) costs of reasonable assessment of damages to the resource. Bars recovery for psychological damages. (Sec. 607) Sets forth requirements for damage assessments by Federal, State, Indian tribe, and foreign trustees. (Sec. 608) Requires all assessments to be adjudicated in a de novo trial in a Federal district court. Provides for public participation in the damage assessment process. Limits admissibility of relevant evidence that is not made public. (Sec. 610) Permits sums recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 611) Precludes trustees who receive compensation for natural resources damages or claims pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for natural resources damages where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 613) Requires a foreign claimant, in order to recover such damages, to demonstrate that: (1) he or she has not been otherwise compensated for such damages; and (2) recovery is authorized by an agreement between the United States and the claimant's country or the Secretary of State has certified that such country provides a comparable remedy for U.S. claimants. Permits foreign claims for damages resulting from a release or threatened release in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country only if the release is from: (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; or (3) a vessel carrying a hazardous substance as cargo between two places in the United States. (Sec. 614) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title VII: Oil Pollution - Amends the Oil Pollution Act of 1990 to make amendments conforming to those made to CERCLA in Title VI of this Act with respect to natural resources damages, recovery, and liability. Title VIII: Miscellaneous - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to the Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 803) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. Title IX: Funding - Subtitle A: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1997, and before January 1, 2003. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund.

Waiving points of order against the conference report to accompany the bill (H.R. 1119) to authorize appropriations for fiscal year 1998 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

United States · United States Congress · 23 October 1997

Waives points of order against the consideration of the conference report on H.R. 1119 (national defense authorization).

United States-China Relations Act of 1997

United States · United States Congress · 21 October 1997

TABLE OF CONTENTS: Title I: Economic Normalization Subtitle A: General Provisions Subtitle B: United States-China Trade and Investment Commission Title II: Strategic Relations Title III: Human Rights Subtitle A: General Provisions Subtitle B: Human Relations Commission United States-China Relations Act of 1997 - Declares that it is the policy of the United States to: (1) encourage the integration of the People's Republic of China (PRC) into the global economy and community of nations; (2) craft an economic, political, and strategic relationship with the PRC which builds mutual trust and encourages transparency; (3) cooperate with the PRC on regional and global political and strategic issues, and to encourage the constructive interdependence of the PRC in the Asia Pacific region; (4) recognize the PRC's sovereignty, and oppose any unilateral change in the status quo of one China policy, especially with respect to the Republic of China on Taiwan; (5) continue a close relationship with the Special Administrative Region of Hong Kong; and (6) enforce the Hong Kong Policy Act and any other provision that relates to the protection of civil liberties and the rule of law in Hong Kong. Title I: Economic Normalization - Subtitle A: General Provisions - Declares the policy of the United States with respect to the economic relationship between the United States and the PRC. (Sec. 103) Directs the United States Trade Representative (USTR) to study and report annually to the Congress on the economic benefits that existing bilateral trade agreements between the United States and the PRC have on U.S. employment, balance of trade, and international competitiveness. Directs the Secretary of State to report annually to the Congress on the commercial activities of the People's Liberation Army in the United States and the PRC. (Sec. 104) Directs the USTR to assess and advise the Congress on the feasibility of entering into a bilateral investment treaty with the PRC. Directs the Secretary of the Treasury to assess and advise the Congress on the feasibility of entering into a bilateral tax treaty with the PRC. Directs the President to: (1) review annually the functions and objectives of each United States-China Joint Commission; and (2) submit annually for congressional review a program plan identifying the objectives of each Commission and the resources required to achieve them. (Sec. 105) Directs the President to increase the rate of duty with respect to one or more products of China if, after the 1979 U.S. bilateral agreement with the PRC expires, it is determined that: (1) China is not according adequate trade benefits to the United States; or (2) it is not taking adequate steps or making significant proposals to become a World Trade Organization (WTO) member. Requires the President to terminate such duty rate increase if the PRC becomes a WTO member, takes adequate steps to become a WTO member, or accords adequate trade benefits to the United States. Grants nondiscriminatory treatment (most-favored-nation) treatment to Chinese products upon China's accession to the WTO. Directs the President to: (1) develop criteria for supporting the PRC's participation in the Organization for Economic Cooperation and Development (OECD) and the G-7 meetings; and (2) when appropriate, initiate discussions with other OECD members and the G-7 regarding such participation. (Sec. 106) Earmarks specified FY 1999 and 2000 funding for strengthening and expanding to additional cities the U.S. consular and commercial presence in the PRC. Subtitle B: United States-China Trade and Investment Commission - Establishes a United States-China Trade and Investment Commission (USCTIC) to study and report annually to the President and the Congress with regard to: (1) business practices employed by U.S. and foreign persons conducting business in the PRC; (2) human rights, labor, and environmental conditions in each province of the PRC based on certain criteria under the Foreign Assistance Act of 1961 relating to insurance, financing, guarantees, and reinsurance by the Overseas Private Investment Corporation (OPIC); (3) other circumstances associated with the development of the rule of law and civil society in the PRC; (4) opportunities for bilateral cooperation for improving ecosystem management and pollution control, and for integrating policies that have environmental impact in the PRC; and (5) opportunities for developing voluntary environmental guidelines for industrial suppliers located in the PRC, including the implementation of ISO 14000 environmental management standards of the International Organization of Standards. (Sec. 116) Directs the Export-Import Bank, OPIC, and other U.S. agencies to take into consideration such study and report in funding any transaction with the PRC. Amends the Export-Import Bank Act to provide that the prohibition on aid to Marxist-Leninist countries shall not apply to guarantees, insurance, or extension of credit by the Bank to a province of the PRC if the USCTIC determines that the province meets the criteria for OPIC insurance, financing, guarantees, and reinsurance in the Foreign Assistance Act of 1961. Amends the Foreign Assistance Act of 1961 to authorize OPIC to insure, reinsure, guarantee, or finance a project in the PRC if the USCTIC determines that the province in which such project is located meets applicable criteria for insurance, financing, guarantees, and reinsurance. Title II: Strategic Relations - States that it is the policy of the United States to: (1) encourage the political and military integration of the PRC into the Asia Pacific region and the larger global community of nations; (2) maintain a strong U.S. presence in the Asia Pacific region and encourage cooperation between the United States, the PRC, and other nations; (3) encourage transparency in military funding in the PRC to the greatest extent possible; and (4) engage in confidence building measures between the United States and the PRC in order to reduce the risk of unintended conflict. (Sec. 203) Requires the Secretaries of State, of Defense, and of Commerce, along with the heads of other intelligence agencies, to provide the Congress with: (1) a report analyzing the effectiveness of existing weapons proliferation export controls and sanctions relating to the PRC; and (2) a report describing economic, political, and military espionage conducted by the PRC against the United States. (Sec. 204) Expresses the sense of the Senate that the President should continue and expand contact and exchanges between national security personnel from the United States and of the PRC. Directs the President to take steps to establish a bilateral committee with the PRC in order to begin a dialogue about: (1) the maintenance of stability in regions where there are energy resources of mutual interest to the United States and the PRC; and (2) common interests in the PRC's securing a stable and adequate food supply and the interests of the United States as a supplier of such food. (Sec. 205) Directs the President to take steps to establish a multilateral risk reduction protocol with the PRC and other governments in East Asia that includes establishing a line of direct communication between Washington and the PRC and developing a protocol for naval encounters in international waters (Sec. 206) Expresses the sense of the Senate that: (1) the security and stability of the Near East is threatened by any augmentation of weapons inventories by Iran and Iraq; and (2) the President should vigilantly enforce the Iran-Iraq Arms Non-Proliferation Act of 1992. Title III: Human Rights - Subtitle A: General Provisions - States that it is the policy of the United States to: (1) encourage the PRC to adhere to internationally accepted norms for the rule of law, human rights, and worker rights; and (2) develop a consistent multilateral response to the record of the PRC on human rights and worker rights. (Sec. 303) Requires the President to direct the Director of the United States Information Agency and the Board of Broadcasting Governors to: (1) increase the broadcast hours of the Voice of America and Radio Free Asia to the PRC; and (2) broadcast to the PRC in multiple Chinese dialects. Authorizes additional appropriations for grants to the National Endowment for Democracy which shall be available only for programs relating to the PRC. (Sec. 304) Provides that, in the absence of significant progress in improving human rights in the PRC, the President shall direct the U.S. Permanent Representative to the United Nations to develop and implement a strategy to ensure that there is a debate and discussion every year on the human rights record of the PRC before the United Nations Commission on Human Rights. Subtitle B: Human Relations Commission - Directs the President to appoint a Human Relations Commission to: (1) assess the status of human rights and worker rights in the PRC based on the Universal Declaration of Human Rights and internationally recognized worker rights; (2) work to develop a bilateral commission between the United States and the PRC on human rights and worker rights; (3) expand opportunities for the exchange between the United States and the PRC of judges, attorneys, religious leaders, customs officials, and members and staff of the executive and legislative branches of government; (4) encourage overseas development assistance programs that support establishment of the rule of law and civil society in the PRC; and (5) identify opportunities for multilateral action on human rights and worker rights, and rejuvenate initiatives in the International Labor Organization relating to such rights. (Sec. 312) Provides that, in assessing the status of such rights, the Commission shall establish a Prisoner Information Registry containing specified information about people detained in the PRC as political and religious prisoners and prisoners of conscience. Requires the Commission to: (1) report annually to the President and the Congress on the results of such assessment; and (2) if it determines that the PRC is not making progress in improving the status of such rights within two years after its first meeting, recommend that the President strengthen U.S. policies intended to improve the status of human rights and worker rights in the PRC.

Expressing the sense of the House of Representatives that no new energy taxes or fees should be imposed on the American public for the purposes of complying with the global warming treaty.

United States · United States Congress · 9 October 1997

Expresses the sense of the House of Representatives that no new energy taxes or fees should be imposed by the Clinton administration on the American public in order to comply with the global warming treaty.

Federal Power Act Amendments of 1997

United States · United States Congress · 8 October 1997

Federal Power Act Amendments of 1997 - Amends the Federal Power Act to include within the purview of Federal Energy Regulatory Commission (FERC) regulation of electric energy transmission in interstate commerce the unbundled transmission of electric energy sold at retail (but not bundled electric energy retail sales, or unbundled local distribution service that is subject to State regulation). (Sec. 2) Requires FERC, after consulting with appropriate State regulatory authorities, to determine by rule or order which electric energy transmission and delivery facilities are used for transmission in interstate commerce, subject to FERC jurisdiction, and which are used for local distribution subject to State jurisdiction. Redefines the transmission of electric energy in interstate commerce to include electric energy that will be consumed in a foreign country. Includes among public utilities subject to FERC jurisdiction over electric energy transmission any electric utility or Federal power marketing agency (including the Tennessee Valley Authority (TVA)), municipal utilities, and rural electric cooperatives not otherwise subject to FERC. Redefines a transmitting utility to include any public utility, qualifying cogeneration facility, qualifying small power production facility, or Federal power marketing agency that owns or operates electric power transmission facilities used for electric energy sales. (Sec. 3) Authorizes any person generating electric energy for sale (currently only for resale) to apply to FERC for an order requiring a transmitting utility to provide transmission services (currently only wholesale transmission services) to the applicant. Repeals the prohibition against mandatory retail wheeling and sham wholesale transactions. Limits FERC authority to order retail wheeling to sales permitted or required by State law. (Sec. 4) Declares that neither the silence of the Congress nor any Act of the Congress shall be construed to preclude a State or State commission, acting under State law, from requiring an electric utility subject to its jurisdiction to provide unbundled local distribution service to any electric consumer within such State. Requires any electric utility permitted or required by a State to provide unbundled local distribution service to any electric consumer within such State, to do so on a not unduly discriminatory basis. Preempts any State law, regulation, or order that results in unbundled local distribution service that is unjust, unreasonable, unduly discriminatory, or preferential. Authorizes a State or State commission to bar an electric utility from selling electric energy to an ultimate consumer using local distribution facilities if such utility or any of its affiliates owns or controls local distribution facilities and is not itself providing unbundled local distribution service. Declares that nothing in this Act shall prohibit a State or State regulatory authority from assessing a nondiscriminatory charge on unbundled local distribution service, the retail sale of electric energy, or the generation of electric energy for consumption by the generator within the State. (Sec. 5) Expresses the sense of the Congress that: (1) every electric energy consumer should have access to electric energy at reasonable and affordable rates; and (2) FERC and the States should ensure that competition in the electric energy business does not result in the loss of service to rural, residential, or low-income consumers. Requires any State or State commission that requires an electric utility subject to its jurisdiction to provide unbundled local distribution service to: (1) consider adopting measures to implement such policy; and (2) report to FERC on any measures so adopted. (Sec. 6) Instructs FERC to establish and enforce national electric reliability standards to ensure the reliability of the electric transmission system. Authorizes FERC to: (1) designate national and regional councils to promote such reliability; (2) incorporate into its own standards the operational standards adopted by such councils; and (3) enforce compliance with such standards on the part of any public or transmitting utility. (Sec. 7) Prescribes procedural guidelines under which FERC may order a transmitting utility to broaden or improve its facilities for the interstate transmission of electric energy. (Sec. 8) Authorizes FERC to order the formation of a regional transmission system, and to order any transmitting utility operating within such region to participate in it. Requires FERC to appoint a regional oversight board to oversee such system operation, and such board to appoint an independent system operator to operate the system. (Sec. 9) Establishes civil penalties for violations of this Act. (Sec. 10) Amends the Public Utility Regulatory Policies Act of 1978 to prohibit any State or State authority from barring a State regulated electric utility from recovering the cost of electric energy the utility is required to purchase from a qualifying cogeneration facility or qualifying small power production facility.

North Carolina Outer Banks Protection Act of 1997

United States · United States Congress · 6 October 1997

North Carolina Outer Banks Protection Act of 1997 - Prohibits the Secretary of the Interior from issuing any lease, approving any exploration plan, or approving any drilling or permit to drill for oil or gas on any land of the Outer Continental Shelf off the coast of North Carolina. States that such prohibition shall remain in effect until 45 days of continuous session of the Congress after the date on which the Secretary certifies to the Congress that the Governor of North Carolina has notified the Secretary that the State does not object to the proscribed activity.

North Carolina Outer Banks Protection Act of 1997

United States · United States Congress · 6 October 1997

North Carolina Outer Banks Protection Act of 1997 - Prohibits the Secretary of the Interior from issuing any lease, approving any exploration plan, or approving any drilling or permit to drill for oil or gas on any land of the Outer Continental Shelf off the coast of North Carolina. States that such prohibition shall remain in effect until 45 days of continuous session of the Congress after the date on which the Secretary certifies to the Congress that the Governor of North Carolina has notified the Secretary that the State does not object to the proscribed activity.

Waiving points of order against the conference report to accompany the bill (H.R. 2203) making appropriations for energy and water development for the fiscal year ending September 30, 1998, and for other purposes.

United States · United States Congress · 29 September 1997

Waives points of order against the consideration of the conference report on H.R. 2203 (energy and water development appropriations).

A bill to provide for the declassification of the journal kept by Glenn T. Seaborg while serving as Chairman of the Atomic Energy Commission.

United States · United States Congress · 26 September 1997

Instructs the Secretary of Energy to return to Dr. Glenn T. Seaborg, in the original, unredacted form in which it was lent to the Department of Energy in 1983, the journal he prepared while serving as Chairman of the Atomic Energy Commission.

Energy Policy Act Amendments of 1997

United States · United States Congress · 26 September 1997

TABLE OF CONTENTS: Title I: Alternative Fuels--General Title II: Alternatives Fuels--Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Private Vehicles Energy Policy Act Amendments of 1997 - Title I: Alternative Fuels--General - Amends the Energy Policy Act of 1992 to: (1) include biodiesel fuels as alternative fuels; (2) modify definitions relating to heavy duty motor vehicles and marine vessels; and (3) include among replacement fuels those fuels derived from biodiesel. (Sec. 102) Amends the Energy Policy and Conservation Act to provide that, if alternative-fueled light duty Federal vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to alternative fuel-use if the original manufacturer's warranty continues to apply to such vehicles. (Sec. 103) Amends the Energy Policy Act of 1992 to prescribe compliance guidelines governing the conversion of Federal fleet vehicles into alternative-fueled vehicles. Title II: Alternative Fuels -- Non-Federal Programs - Requires State and local incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative-fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary of Energy (the Secretary) to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel likely to be consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative-fuels used in dual fueled school buses, and the conversions of such buses to alternative-fueled vehicles. (Sec. 203) Directs the Secretary to conduct studies regarding the use of alternative fuels in nonroad vehicles, including marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the deadline for the Secretary to evaluate whether program goals have been achieved with respect to the replacement fuel supply and demand program. (Sec. 302) Modifies credit allocation guidelines governing alternative-fueled vehicle acquisitions to deem certain acquisitions (conversions of existing vehicles) as alternative compliance credits. (Sec. 303) Directs the Secretary to submit to the Congress recommendations for requirements or incentives for: (1) suppliers of alternative-fueled vehicles to make such vehicles available to the public through conversion and warranty; and (2) exempting replacement fuels from taxes levied on nonreplacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.

Making continuing appropriations for the fiscal year 1998, and for other purposes.

United States · United States Congress · 26 September 1997

Makes appropriations for FY 1998 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1997 and for which appropriations, funds, or other authority would be available in: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998; (3) the Department of Defense Appropriations Act, 1998; (4) the District of Columbia Appropriations Act, 1998; (5) the Energy and Water Development Appropriations Act, 1998; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998; (7) the Department of the Interior and Related Agencies Appropriations Act, 1998; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998; (9) the Legislative Branch Appropriations Act, 1998; (10) the Military Construction Appropriations Act, 1998; (11) the Department of Transportation Appropriations Act, 1998; (12) the Treasury, Postal Service, and General Government Appropriations Act, 1998; and (13) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998. Sets forth the rates of (current rates, with specified exceptions), and limitations on, such funding. Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act or October 23, 1997, whichever occurs first. Continues provisions of the Immigration and Nationality Act pertaining to a visa waiver pilot program for certain visitors through the effective period of this resolution. Amends the National Flood Insurance Act of 1968 to extend the authority to enter into new flood insurance contracts through October 23, 1997. Authorizes the District of Columbia government to delay repayment of the 1997 Treasury advances beyond October 1, 1997, until it receives the full year Federal contribution. Waives any interest or penalties otherwise applicable to late payments. Continues the issuing authority of the Overseas Private Investment Corporation through the effective period of this resolution. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's functions through October 23, 1997. Extends, through October 23, 1997, certain provisions of the Immigration and Nationality Act pertaining to the issuance of immigrant visas within 90 days' of an alien's departure and the adjustment to permanent resident status of certain aliens.

To prohibit the Department of the Interior from expending any funds for a mid-Atlantic coast offshore oil and gas lease sale.

United States · United States Congress · 25 September 1997

Prohibits the Secretary of the Interior from expending any funds for preparation, conduct, preleasing, and leasing activities with respect to an oil or gas lease sale on any lands of the Outer Continental Shelf between the seaward boundary between the States of Connecticut and Rhode Island and the seaward boundary between the States of North Carolina and South Carolina.

To authorize a study by the National Academy of Sciences on the migration of plutonium underground at the Nevada Test Site.

United States · United States Congress · 16 September 1997

Instructs the Secretary of Energy to contract with the National Academy of Sciences to study and report to the Congress on: (1) the extent and manner of plutonium migration from each test location at the Nevada Test Site; (2) the extent of its expected future migration; and (3) the potential for current and future human exposure and possible health risks to communities. Urges that such study consider: (1) all future potential routes of exposure, such as use of contaminated groundwater as drinking water; and (2) potential future trends in population growth over the next 1,000 years in the Nevada Test Site vicinity.

To extend certain programs under the Energy Policy and Conservation Act.

United States · United States Congress · 15 September 1997

Amends the Energy Policy and Conservation Act to extend from FY 1997 through 1998: (1) the authorization of appropriations for the Strategic Petroleum Reserve; and (2) all authorities for domestic supply availability and for standby energy.

District of Columbia Appropriations Act, 1998

United States · United States Congress · 9 September 1997

District of Columbia Appropriations Act, 1998 - Makes appropriations for the District of Columbia for FY 1998, including amounts for: (1) the Federal payment for management reform; (2) the Federal contribution toward costs of operating the District government; (3) Federal payments to the District's Corrections Trustee for operations and correctional facilities; and (4) the Federal payment to the District courts. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) financing and other uses; (8) enterprises and other uses; (9) the Water and Sewer Authority and the Washington Aqueduct; (10) the Lottery and Charitable Games Control Board; (11) the Starplex Fund; (12) D.C. General Hospital; (13) the D.C. Retirement Board; and (14) the Washington Convention Center Enterprise Fund. Makes appropriations for: (1) the District's Financial Responsibility and Management Assistance Authority (Authority); (2) capital outlays; and (3) deficit reduction and revitalization. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the District Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 128) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 130) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 132) Amends the District of Columbia Self-Government and Governmental Reorganization Act to require the Authority (currently, the Mayor) to submit certain annual reports and plans on performance accountability of the District government to specified congressional committees and the Comptroller General. Requires the Chief Financial Officer (currently, the Mayor) to submit annual plans and reports regarding financial accountability as well as quarterly financial reports. Changes the deadline for the initial plans and reports. (Sec. 133) Sets forth conditions regarding the Mayor's nomination of department heads pursuant to the National Capital Revitalization and Self-Improvement Act of 1997. (Sec. 134) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 135) Bars the use of funds made available by this Act to implement any system of registration of unmarried, cohabitating couples for purposes of extending benefits to such couples on the same basis as such benefits are extended to married couples or to implement the District Domestic Partner Act (also known as the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 140) Establishes a ceiling on total operating expenses for the District for FY 1998. Permits increases of such amount for: (1) one-time emergency or unanticipated operating or capital needs transactions approved by the Authority; and (2) additional approved expenditures which the Chief Financial Officer certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures. Sets forth conditions under which grants excluded from such ceiling may be accepted. (Sec. 141) Amends the District of Columbia Retirement Reform Act to exclude up to 50 police officers and 50 fire and emergency medical services members who were hired before February 14, 1980, and who retire on disability before the end of 1998 from the computation of the rate of disability retirements for purposes of reducing the authorized Federal payment to the District of Columbia Police Officers and Fire Fighters' Retirement Fund. (Sec. 142) Directs the District of Columbia Emergency Transitional Education Board of Trustees to: (1) develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum cost-effective energy and water savings; (2) enter into innovative financing and contractual mechanisms for such purposes; and (3) encourage District agencies to participate in programs conducted by utilities for the management of electricity or gas demand or energy or water conservation. (Sec. 143) Amends the District of Columbia Self-Government and Governmental Reorganization Act to require all Special Masters appointed by the District Superior Court or the U.S. district court for the District circuit to any District government agency to submit annual estimates of expenditures and appropriations to the Authority for inclusion in the annual budget. (Sec. 144) Authorizes the Secretary to reimburse the District government for District law enforcement services, personnel, equipment, and facilities used for protection of the President and Vice-President. Repeals provisions of Federal law that authorize the U.S. Government and the District government to enter into intergovernmental service agreements. (Sec. 145) Makes additional appropriations for U.S. Park police operations in the District. (Sec. 146) Requires the District government to maintain funding for homeless services in FY 1998 at FY 1997 levels. (Sec. 147) Directs the Authority and the Chief Executive Officer of the District public schools to report to specified congressional committees on measures to be taken to ensure that the District's public schools open on time to begin the 1998-99 academic year.

Agricultural Research, Extension, and Education Reform Act of 1998

United States · United States Congress · 5 September 1997

TABLE OF CONTENTS: Title I: Priorities, Scope, and Review of Agricultural Research, Extension, and Education Title II: Other Reforms of Agricultural Research, Extension, and Education Subtitle A: Amendments to National Agricultural Research, Extension, and Teaching Policy Act of 1977 Subtitle B: Amendments to Food, Agriculture, Conservation, and Trade Act of 1990 Subtitle C: Amendments to Other Laws Subtitle D: New Programs Subtitle E: Studies and Miscellaneous Title III: Initiative for Future Agriculture and Food Systems Title IV: Extension or Repeal of Certain Authorities; Technical Amendments Title V: Agricultural Program Savings Agricultural Research, Extension, and Education Reform Act of 1997 - Title I: Priorities, Scope, and Review of Agricultural Research, Extension, and Education - Directs the Secretary of Agriculture (Secretary) to: (1) ensure that agricultural research, education, or extension activities of the Agricultural Research Service (ARS) and the Cooperative State Research, Education, and Extension Service (CSREES) are priority concerns with a national or multistate significance; and (2) establish such priorities. (Sec. 103) Directs the Secretary to provide for: (1) scientific peer review of research grants and merit review of extension and education grants by CSREES; and (2) scientific peer review of ARS research. Requires pre-funding merit review of land grant college and university research and extension activities. Makes related amendments to the Smith-Lever Act and the Hatch Act of 1887. (Sec. 104) Amends such Acts to set forth multistate project requirements for research and extension funding. (Sec. 106) Amends the Research Facilities Act and the Competitive, Special, and Facilities Research Grant Act to provide for multistate or national activities. Title II: Other Reforms of Agricultural Research, Extension, and Education - Subtitle A: Amendments to National Agricultural Research, Extension, and Teaching Policy Act of 1977 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize the Secretary to maintain a national food and agricultural education information system. (Sec. 204) Includes teaching within the activities of international research and extension. Authorizes grants for collaborative projects among Federal scientists, university faculty, and scientists from international agricultural institutions, including centers of the Consultative Group on International Agriculture Research. (Sec. 206) Makes all colleges and universities eligible for agricultural research, extension, and education cost-reimbursable agreements. Subtitle B: Amendments to Food, Agriculture, Conservation, and Trade Act of 1990 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to revise National Agricultural Weather Information System provisions to: (1) make the System's establishment discretionary; (2) revise its components, authority, and fund use requirements; and (3) authorize appropriations. (Sec. 212) Establishes a National Food Genome Strategy, which shall include among its purposes and components Plant and Animal Genome Initiatives. (Sec. 213) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to: (1) authorize the Secretary to establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication; (2) authorize fire ant research and control grants; and (3) authorize appropriations. (Sec. 214) Authorizes the Secretary to award a grant to A*DEC (distance education consortium) to administer the agricultural telecommunications program. (Sec. 215) Authorizes appropriations for the assertive technology program for farmers with disabilities. Obligates a specified percent of such funds for national grants. Subtitle C: Amendments to Other Laws - Amends the Equity in Education Land-Grant Status Act of 1994 to include the Little Priest Tribal College within the group of 1994 institutions. (Sec. 223) Amends the Smith-Lever Act to expand college and university extension funding eligibility. (Sec. 224) Amends the Hatch Act of 1887 to require increased use of land grant institution funds for integrated research and extension activities. (Sec. 225) Amends the Cooperative, Special, and Facilities Research Grant Act to revise special grant authority provisions. (Sec. 226) Amends the Federal Agriculture Improvement and Reform Act of 1996 to extend funding authority for the Fund for Rural America. (Sec. 227) Amends the Honey Research, Promotion, and Consumer Information Act to obligate specified funds for research projects to advance efficiency, pest and disease control, and other management aspects of beekeeping and honey production. (Sec. 228) Amends the Department of Agriculture Reorganization Act of 1994 to establish in the Office of the Secretary an Office of Energy Policy and New Uses. Subtitle D: New Programs - Provides for research, cooperative agreements, and an ARS pilot program with respect to biobased products (produced from renewable agricultural or forestry products). Authorizes appropriations. (Sec. 232) Authorizes the Secretary to make grants for precision agriculture (integrated information- and production-based farming system) activities, including multistate and national partnerships. Authorizes appropriations, with set-asides for specified activities. (Sec. 233) Authorizes a Formosan termite research and eradication program. Authorizes appropriations. (Sec. 234) Directs the Secretary to periodically update nutrient composition data. (Sec. 235) Authorizes the Secretary to enter into contracts for the construction of a consolidated administrative and laboratory facility of the Animal and Plant Inspection Service to be located in or near Ames, Iowa. Authorizes appropriations. (Sec. 236) Authorizes the Secretary, acting through ARS, to accept as a gift and administer the National Swine Research Center in Ames, Iowa. Subtitle E: Studies and Miscellaneous - Directs the Secretary to: (1) evaluate whether federally funded agricultural research, education, and extension programs have national or multistate significance; and (2) request a National Academy of Sciences study of such programs' mission. (Sec. 243) Expresses the sense of the Congress that States should provide matching funds for 1890 Institutions. Title III: Initiative for Future Agriculture and Food Systems - Establishes in the Treasury the Initiative for Future Agriculture and Food Systems Account for grants to address emerging agricultural issues. Transfers unappropriated Treasury funds to the Account. Title IV: Extension or Repeal of Certain Authorities; Technical Amendments - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend program authority or authorization of appropriations for: (1) grants and fellowships for food and agricultural sciences education; (2) grants for research on the production and marketing of alcohols and industrial hydrocarbons from agricultural commodities and forest products; (3) policy research centers; (4) the human nutrition intervention and health promotion research program; (5) the nutrition education program; (6) continuing animal health and disease research programs; (7) research on national and regional animal health or disease problems; (8) grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University; (9) national research and training centennial centers; (10) education grants for Hispanic-serving institutions; (11) general agricultural research; (12) agricultural research at state agricultural experiment stations; (13) extension education; (14) research for supplemental and alternative crops; (15) building acquisition or construction; and (16) aquaculture. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend the authorization of appropriations for the: (1) National Genetics Resources Program; (2) agricultural telecommunications program; and (3) global climate change program. Amends the Critical Agricultural Materials Act to extend the authorization of appropriations for critical agricultural materials. Amends the Research Facilities Act to extend the authorization of appropriations for agricultural research facilities. Amends the National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985 to extend the authorization of appropriations for Federal agricultural research facilities. Amends the Competitive, Special, and Facilities Research Grant Act to extend authorization of appropriations for competitive, special, and facilities research grants. Amends the National Agricultural Research, Extension, and Teaching Policy Amendments of 1981 to extend the authorization of appropriations for agricultural research at 1890 land grant colleges, including Tuskegee University. Amends the Equity in Educational Land-Grant Status Act of 1994 to extend the authorization of appropriations for 1994 Institutions, including institutional capacity building grants. Amends the Renewable Resources Extension Act of 1978 to extend the authorization of appropriations for forest and rangeland renewable resources activities. Amends the National Aquaculture Act of 1980 to extend the authorization of appropriations for aquaculture activities of the Departments of Agriculture, Commerce, and the Interior. (Sec. 402) Amends the National Agricultural Research, Extension, and Teaching Policy Act to repeal authority for: (1) the pilot program to combine medical and agricultural research; and (2) the research program for intensive water recirculating aquaculture systems. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal authority for the: (1) water quality research, education, and coordination program; (2) livestock product safety and inspection program; (3) national centers for agricultural product quality research; and (4) red meat safety research center. Amends the Federal Agriculture Improvement and Reform Act of 1996 to repeal authority for agricultural research, education, and extension activities. (Sec. 403) Amends specified Acts to make their common names (Smith-Lever Act and the Hatch Act of 1887) their official titles. Title V: Agricultural Program Savings - Amends the Food Stamp Act of 1977 to limit amounts the Secretary may pay States for administering the food stamp program. Amends the Child Nutrition Act of 1966 to direct the Secretary to establish a Low-Income Area Grant Program to assist schools and service institutions to expand programs under the school breakfast and summer food service programs. Amends the National School Lunch Act to: (1) increase the number of covered meals and supplements under the child care and summer food service programs; and (2) authorize appropriations for the Information Clearinghouse. (Sec. 502) Amends the Commodity Credit Corporation Charter Act to reduce information technology funding limits. (Sec. 503) Amends the Food Security Act of 1985 to set forth requirements for haying and grazing on conservation reserve land.