Energy

Department of Energy Nuclear Employees Exposure Compensation Act

United States · United States Congress · 18 November 1999

Department of Energy Nuclear Employees Exposure Compensation Act - Establishes in the Treasury the DOE Nuclear Employees' Exposure Compensation Fund for certain Department of Energy (DOE) nuclear facility employees' medical and diagnostic claims filed with, and approved by, the Attorney General, related to a claim for a specified cancer (including complicating factors). Sets forth procedural guidelines for claim determination and payment. Restricts claimant's attorney's fees to ten percent of a payment made for a claim.

Federal Beryllium Compensation Act

United States · United States Congress · 18 November 1999

Federal Beryllium Compensation Act - Authorizes the Secretaries of Defense and of Energy to include in subsequent regulations additional definitions to those set forth in this Act with respect to vendors, processors, or producers of beryllium or related products. Authorizes the Secretary of Labor to provide additional criteria by which a claimant may establish the existence of a covered illness. (Sec. 5) Prescribes guidelines for: (1) determinative criteria for exposure to beryllium in the performance of duty; (2) compensation for disability or death, medical services, and vocational rehabilitation; (3) computation of pay; (4) limitations on receiving compensation; (5) coordination of benefits; and (6) retroactive compensation. (Sec. 11) States this Act is the exclusive remedy against the United States and its instrumentalities with respect to a covered illness, beryllium-related pulmonary condition, or death of a covered employee. (Sec. 14) Deems final and conclusive decisions of the Secretary of Labor regarding claim allowance or denial. States such Secretary shall administer and decide all questions arising under this Act. (Sec. 18) Establishes in the Treasury the Federal Beryllium Compensation Fund for the payment of compensation and other benefits and expenses under this Act. (Sec. 19) Provides for forfeiture of benefits by persons convicted of fraud with respect to Federal or State workers' compensation benefits. (Sec. 20) Authorizes the Secretary of Labor to prescribe regulations for the administration and enforcement of this Act. Mandates that such regulations provide for a Beryllium Compensation Appeals Panel to make final decisions on appeals. (Sec. 22) Instructs the Secretary of Labor to submit an annual report to Congress regarding the administration of this Act. (Sec. 23) Authorizes appropriations.

National Laboratories Partnership Improvement Act of 1999

United States · United States Congress · 18 November 1999

National Laboratories Partnership Improvement Act of 1999 - Instructs the Secretary of Energy to: (1) establish a Regional Technology Infrastructure Program to improve the ability of the National Laboratories to support department missions; (2) authorize the Director of each National Laboratory to implement such Program pursuant to prescribed program requirements; (3) require the Director of each multiprogram National Laboratory to establish a small business advocacy function and a small business assistance program; and (4) require such Director to appoint a technology partnership ombudsman for complaint resolution. (Sec. 7) Instructs the Secretary to ensure that each contractor operating a National Laboratory has policies and procedures, including an employee benefits program, that do not create disincentives to the transfer of scientific and technical personnel among contractor-operated National Laboratories. (Sec. 8) Amends the Department of Energy Organization Act to authorize the Secretary to enter into transactions with public agencies and private organizations in furtherance of functions including research, development, or demonstration projects. (Sec. 9) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to reflect the provisions of this Act with respect to strategic plans, Federal waivers, and time required for approval.

To amend the Pacific Northwest Electric Power Planning and Conservation Act to provide for sales of electricity by the Bonneville Power Authority to joint operating entities.

United States · United States Congress · 18 November 1999

Amends the Pacific Northwest Electric Power Planning and Conservation Act to direct the Administrator of the Bonneville Power Administration to sell electric power to a joint operating entity at wholesale solely to meet the regional firm power consumer loads of regional public bodies and cooperatives that are members of or participants in such joint operating entity. Restricts resales of such power by such public bodies and cooperatives to: (1) their retail customers; or (2) to another regional member or participant of the same joint operating entity.

To establish a cooperative program of the Department of Agriculture, the Department of Energy, and the Environmental Protection Agency to evaluate the feasibility of using only fuel blended with ethanol to power municipal vehicles.

United States · United States Congress · 18 November 1999

Requires the Secretaries of Agriculture and Energy and the Administrator of the Environmental Protection Agency to jointly establish a pilot program to award competitive grants to assist local governments in reducing air pollution by covering the costs associated with converting their entire municipal vehicle fleet to an ethanol-blended fuel. Limits the number of grants to five, with preference given to governments that have a recognized air pollution problem in their communities. Declares that a local government must agree to cooperate in a study to assess the economic and environmental benefits to be gained from exclusive use of ethanol-blended fuel to power municipal vehicles. Requires the Secretaries and the Administrator to report study results to Congress.

To amend the Internal Revenue Code of 1986 to expand the credit for electricity produced from certain renewable resources to energy produced from landfill gas.

United States · United States Congress · 18 November 1999

Amends the Internal Revenue Code to include landfill gas as a renewable source for purposes of the business credit for electricity produced from certain renewable resources.

Oil Price Safeguard Act

United States · United States Congress · 17 November 1999

Oil Price Safeguard Act - Amends the Energy Policy and Conservation Act to expand the circumstances under which a severe energy supply interruption shall be deemed to exist (thus permitting a drawdown of the Strategic Petroleum Reserve (SPR). Provides for the deeming of such an interruption when oil and gas prices in the United States increase to a level likely to cause a significant adverse impact on the national economy as a result of the anticompetitive conduct of one or more foreign countries or international entities. Directs the President to present a status report to certain congressional committees if the price of a barrel of crude oil exceeds a specified price for a period greater than 14 days, including: (1) the impact upon the price of home heating oil; and (2) whether the President supports a drawdown and distribution from the SPR.

Powder River Basin Resource Development Act of 2000

United States · United States Congress · 17 November 1999

Powder River Basin Resource Development Act of 1999 - Amends the Mineral Leasing Act to mandate that all operations in the Powder River Basin (Wyoming and Montana) for development and production of coal, oil, or natural gas, including coalbed methane, be conducted under Federal and State law so as not to cause undue interference and in a manner compatible with such multiple use. Encourages the pertinent lessees of coal, oil, and natural gas to enter into written agreements detailing the operations and costs for concurrent or sequential development of those resources. Prescribes implementation guidelines that include: (1) exploration activities; (2) negotiations concerning priority for certain operations; (3) compensation procedures for assignment of development priority; (4) credit against royalties for certain payments by lease holders; and (5) encouragement of expedited development of Federal minerals that are leased within common areas which might otherwise be lost or bypassed.

A bill to amend the Pacific Northwest Electric Power Planning and Conservation Act to provide for sales of electricity by the Bonneville Power Administration to joint operating entities.

United States · United States Congress · 17 November 1999

Amends the Pacific Northwest Electric Power Planning and Conservation Act to direct the Administrator of the Bonneville Power Administration to sell electric power at wholesale to a joint operating entity solely to meet the regional firm power consumer loads of regional public bodies and cooperatives that are members of or participants in the joint operating entity. Restricts resales of such power by such public bodies and cooperatives to: (1) their retail customers; or (2) to another regional member or participant of the same joint operating entity.

Intellectual Property and Communications Omnibus Reform Act of 1999

United States · United States Congress · 17 November 1999

Intellectual Property and Communications Omnibus Reform Act of 1999 - Title I: Satellite Home Viewer Improvement - Satellite Home Viewer Improvement Act of 1999 - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier (carrier) of a primary transmission of a television broadcast station (TV station) into the station's local market shall be subject to statutory (compulsory) licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to the network that owns or is affiliated with the network station a list identifying all subscribers to which the carrier currently makes such transmission; and (2) on the 15th day of each month, to submit a subsequent list identifying any subscribers who have been added or dropped. Restricts the use of subscriber information to monitoring compliance by the carrier. Applies the submission requirements to a carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. (Sec. 1002) Precludes any royalty obligation for such secondary transmission. Makes actionable as an infringement and fully subject to copyright remedies a carrier's willful or repeated transmission into a TV station's local market of the station's primary transmission embodying a performance or display, if the carrier has not complied with specified reporting requirements. Applies such infringement and copyright remedies to a carrier if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program is in any way willfully altered by the carrier or is combined with programming from any other broadcast signal; or (2) such transmission is made to a subscriber outside the TV station's local market who is not subject to compulsory licensing, except that no damages (other than certain restricted statutory damages) may be awarded if the carrier promptly withdraws service from the ineligible subscriber. Sets forth additional remedies for willful and repeated patterns or practices of such violations. Places on the carrier the burden of proof in any action brought under this title that its secondary transmission of a TV station's primary transmission is made only to subscribers within the station's local market. (Sec. 1003) Amends the Satellite Home Viewer Act of 1994 to extend until December 31, 2004, the sunset of the satellite compulsory license. (Sec. 1004) Revises the formula used to compute the rate of royalty fees in effect on January 1, 1998, to be deposited with the Register of Copyrights by carriers by reducing the $.27 rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent. Provides that for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by the carriers for retransmitting the PBS satellite feed. (Sec. 1005) Modifies the definition of "unserved household" to eliminate the 90-day period that satellite subscribers must wait after termination of their cable service until they are eligible for satellite service of network signals. Defines an unserved household as one not able to receive through a conventional antenna an over-the-air signal of a primary network station affiliated with that network of Grade B intensity (with certain additional requirements). Provides exceptions to the limitations placed on the secondary transmissions by a carrier of the primary transmission made by a network station with respect to subscribers who do not reside in unserved households. Allows, until December 31, 2004, a subscriber who does not receive a signal of grade A intensity of a local network station to remain eligible to receive signals of stations affiliated with the same network, as long as that subscriber had satellite service of such signal terminated after July 11, 1998, and before October 31, 1999, or received such service on such latter date. Exempts from the unserved household requirements operators of recreational vehicles and commercial trucks who have complied with certain documentation requirements. (Sec. 1006) Subjects copyrighted programming carried upon the PBS's national satellite feed to copyright compulsory licensing requirements. Defines the "Public Broadcasting Service satellite feed" as the national satellite feed distributed by the PBS consisting of educational and informational programming intended for private home viewing, to which the PBS holds national terrestrial broadcast rights. (Sec. 1007) Subjects the copyright compulsory license to the rules, regulations, or authorizations of the Federal Communications Commission (FCC). Makes carrier eligibility for such license contingent upon full compliance with all FCC signal carriage requirements. (Sec. 1008) Amends the Communications Act of 1934 to require carriers that retransmit a television broadcast signal to subscribers located within the signal's local market to carry, upon request beginning January 1, 2002, the signals of all TV stations located within that local market (must-carry requirement), subject to the retransmission consent election by such stations. Requires a TV station asserting its right to such carriage to bear costs associated with delivering a good quality signal to the carrier's designated local receive facility or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market. Provides that a carrier shall not be required: (1) to carry upon request the signal of any local commercial TV station that substantially duplicates the signal of another local commercial TV station which is secondarily transmitted by the carrier within the same local market; or (2) to carry upon request the signals of more than one local commercial TV station in a single local market that is affiliated with a particular television network unless such stations are licensed to communities in different States. Requires the FCC to prescribe regulations that provide the same degree of carriage by carriers of multiple local noncommercial television broadcast stations as is provided by cable systems. Declares that no carrier shall be required to provide a local TV station signal to subscribers in that station's local market on any particular channel number, or to provide the signals in any particular order, except that the carrier shall retransmit the signal of the local stations to subscribers in the station's local market on contiguous channels and provide access to such signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu. Prohibits a carrier from accepting or requesting monetary payments or other valuable consideration in exchange either for carriage of local TV stations in fulfillment of the requirements of this title or for channel positioning rights provided to such stations. Allows any such station, however, to be required to bear the costs associated with delivering a good quality signal to the satellite's local receive facility. Provides administrative procedures by which stations may seek redress from the FCC for violations of the must-carry obligations for carriers. Sets a deadline by which the FCC must issue regulations (modeled after those currently applicable to the cable industry) that apply network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to retransmission of broadcast signals by carriers to subscribers. Permits a carrier to provide the signals of no more than two network stations in a single day for each television network to any household not located within the local markets of those stations. Allows such a carrier to also provide service under the secondary transmission provisions of this title to the local market within which such household is located. Provides penalties for carrier violations. Requires the FCC to establish regulations that apply the above network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to the transmission of nationally transmitted superstations by carriers, and to apply sports blackout protection to the retransmission of the signals of network stations by carriers to subscribers. Directs the FCC to conclude an inquiry to evaluate all possible standards and factors for determining eligibility for retransmission of the signals of network stations and, if appropriate: (1) recommend modifications to the current Grade B intensity standard for analog signals (or an alternative standard); and (2) make an additional recommendation relating to an appropriate standard for digital signals. Authorizes a subscriber who is denied the retransmission of a signal of a network station under this title to request from the station a waiver of such denial. Requires the FCC to develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining the ability of individual locations to receive signals in accordance with the current effective signal intensity standard, taking into account terrain, building structures, and other land cover variations. Requires the selection and employment of an independent signal tester by the appropriate carrier and network stations when a subscriber's request for waiver under this subtitle is denied. (Sec. 1009) Revises generally the requirements for retransmission of a TV station's signal by a cable system or other multichannel video programming distributor. Directs the FCC to revise regulations governing the exercise by TV stations of the right to grant consent to such retransmission. Provides enforcement proceedings against carriers concerning retransmissions of TV stations (without the above consent) in the respective local markets of such carriers. Places, in such proceedings, the burden of proof upon a TV station to establish that the carrier retransmitted the TV station to at least one person in the local market of such station on the day in question. Provides for FCC enforcement of proceeding determinations through cease-and-desist orders, as appropriate. Outlines court proceedings for the enforcement of such FCC orders. Authorizes TV stations to file civil actions for statutory damages for any violations determined by the FCC to have been committed by a carrier. Title II: Rural Local Television Signals - Rural Local Broadcast Signal Act - Directs the Federal Communications Commission (FCC) to make a determination regarding licenses or other authorizations for facilities that will utilize spectrum otherwise allocated to commercial use for delivering local TV signals to satellite TV subscribers in unserved and underserved local TV markets. Requires an FCC report to specified congressional committees on the extent to which such licenses and other authorizations have facilitated the delivery of local signals to satellite TV subscribers in such markets. Title III: Trademark Cyberpiracy Prevention - Anticybersquatting Consumer Protection Act - Amends the Trademark Act of 1946 to make liable in a civil action by the owner of a mark (including a personal name protected as a mark) any person who, with a bad faith intent to profit from that mark, registers, traffics in, or uses a domain name which, at the time of its registration, is: (1) identical or confusingly similar to a distinctive mark; (2) dilutive of a famous mark; or (3) is a protected trademark, word, or name (including protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization). Limits liability to the domain name registrant or that registrant's authorized licensee. (Sec. 3002) Specifies factors a court may consider in determining bad faith intent, but prohibits such a determination if the defendant believed, with reasonable grounds, that the use of the domain name was fair or otherwise lawful. Authorizes a court to order the forfeiture or cancellation of the domain name or its transfer to the mark owner. Prescribes conditions for an in rem civil action, in addition to any other action, against a domain name by a mark owner. Limits remedies in an in rem action to a court order for the forfeiture or cancellation of the domain name or its transfer to the mark owner. Declares that the domain name registrar, registry, or other registration authority shall not be liable for injunctive or monetary relief in an in rem action except in the case of bad faith or reckless disregard, which includes a willful failure to comply with any such court order. Declares that any person who registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar to it, without that person's consent, and with specific intent to profit by selling the domain name for financial gain to that person or any third party, shall be liable to such person in a civil action for injunctive relief, including forfeiture or cancellation of the domain name or its transfer to the plaintiff. Shields from such liability, however, any copyright owner or licensee who registers such a domain name in good faith if: (1) the name is used in, affiliated with, or related to a work of authorship protected by copyright, including a work made for hire; and (2) the registrant intends to sell the domain name in conjunction with the lawful exploitation of the work, provided registration is not prohibited by a contract between the registrant and the named person. (Sec. 3003) Applies to cybersquatting actions such trademark remedies in addition to injunctive relief as recovery of defendant's profits, actual damages, and attorneys' fees and court costs. Provides for statutory damages in an amount of at least $1,000 and up to $100,000 per domain name, as the court considers just. (Sec. 3004) Shields from liability for monetary or (except in specified circumstances) injunctive relief, regardless of whether the domain name is finally determined to infringe or dilute the mark in question, any domain name registrar, registry, or other registration authority that refuses to register, removes from registration, transfers, temporarily disables, or permanently cancels a domain name: (1) in compliance with a court order; or (2) in the implementation of a reasonable policy prohibiting the registration of a domain name identical to, confusingly similar to, or dilutive of another's mark. Makes liable to a domain name registrant for monetary and injunctive relief (including reactivation or transfer to the registrant of the domain name) any person who makes a knowing and material misrepresentation that a domain name is identical to, confusingly similar to, or dilutive of a mark, and a registrar, registry, or other registration authority takes such an action based on such misrepresentation. Shields a registrar, registry, or other registration authority from liability for damages for the registration or maintenance of a domain name for another, unless there is a showing of bad faith intent to profit from such registration or maintenance of the domain name. Authorizes a registrant whose domain name has been suspended, disabled, or transferred, upon notice to the mark owner, to file a civil action for injunctive relief (including reactivation or transfer to the registrant of the domain name) to establish that the registration or use of the domain name by such registrant is not unlawful under the Trademark Act of 1946. (Sec. 3006) Directs the Secretary of Commerce to: (1) study and report to Congress on guidelines and procedures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar to it; and (2) collaborate, under the Memorandum of Understanding with the Internet Corporation for Assigned Names and Numbers, to develop such guidelines and procedures. (Sec. 3007) Amends the National Historic Preservation Act to provide a limited immunity from suit under trademark law for historic buildings and structures on or eligible for inclusion on the National Register of Historic Places, or that are designated by a State or local government as an individual landmark or as a contributing building in a historic district. Permits retention of the name historically associated with such a building or structure. Title IV: Inventor Protection - American Inventors Protection Act of 1999 - Subtitle A: Inventors' Rights - Inventors' Rights Act of 1999 - Amends Federal patent law to oblige any invention promoter, before entering into a contract for invention promotion services, to disclose to a customer in writing: (1) the total number of inventions evaluated by the promoter for commercial potential in the past five years, including the number of positive and of negative evaluations; (2) the total number of customers who have contracted with the promoter in the past five years; (3) the total number of customers known by the promoter to have received a net financial profit as a direct result of the invention promotion services provided; (4) the total number of customers known by the invention promoter to have received license agreements for their inventions as a direct result of such services; and (5) the names and addresses of all previous invention promotion companies with which the promoter or its officers have collectively or individually been affiliated in the previous ten years. (Sec. 4102) Establishes a Federal cause of action for inventors injured by material false or fraudulent statements or representations, or any omission of material fact, by an invention promoter, or by the promoter's failure to make the required written disclosures. Sets statutory damages (if elected by a customer before judgment is rendered) at a maximum of $5,000. Requires the Commissioner of Patents to make publicly available any complaints received involving invention promoters, along with the response, if any, from the promoters. Subtitle B: Patent and Trademark Fee Fairness - Patent and Trademark Fee Fairness Act of 1999 - Amends Federal patent law to reduce: (1) from $760 to $690 original filing and reissue fees, as well as the national fee for certain international applications; and (2) from $940 to $830 the three-and-a-half year maintenance fee. (Sec. 4203) Authorizes the Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office (USPTO) to adjust trademark fees in FY 2000 without regard to fluctuations in the Consumer Price Index (CPI) during the preceding 12 months. (Sec. 4204) Directs the Under Secretary of Commerce for Intellectual Property and the USPTO Director to study and report to specified congressional committees on alternative fee structures that the USPTO could adopt to encourage maximum participation by the inventor community in the United States. (Sec. 4205) Changes from discretionary to mandatory the authority of the Commissioner of Patent and Trademarks to make all trademark fees available only for the processing of trademark registrations and trademark-related activities, services, and materials. Subtitle C: First Inventor Defense - First Inventor Defense Act of 1999 - Amends Federal patent law to declare that it shall be a defense to an infringement action with respect to any subject matter that would otherwise infringe one or more claims for a method in the patent being asserted against a person, if such person had, acting in good faith, actually reduced the subject matter to practice at least one year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent. (Sec. 4302) Deems a commercial use, in the case of activities performed by a nonprofit research laboratory, or nonprofit entity such as a university, research center, or hospital, any use for which the public is the intended beneficiary, except that such use: (1) may be asserted as a defense only for continued use by and in the laboratory or nonprofit entity; and (2) may not be asserted as a defense with respect to any subsequent commercialization or use outside such laboratory or nonprofit entity. States that the sale or other disposition of a useful end product produced by a patented method, by a person entitled to assert such a defense with respect to that useful end result, shall exhaust the patent owner's rights under the patent to the extent such rights would have been exhausted had such sale or other disposition been made by the patent owner. Limits the defense to inventions for methods. Prohibits the defense if the subject matter on which the defense is based was derived from the patentee or persons in privity with the patentee. Declares that this defense is not a general license under all claims of the patent at issue, but extends only to the specific subject matter claimed in the patent with respect to which the person can assert a defense. Extends the defense, however, to variations in the quantity or volume of use of the claimed subject matter, and to improvements that do not infringe additional specifically claimed subject matter of the patent. Requires a person asserting the defense to establish it by clear and convincing evidence. Prohibits any person who has abandoned commercial use of subject matter from relying on activities performed before the date of abandonment in establishing a defense with respect to actions taken after such date. Limits assertion of the defense to the person who performed the acts necessary to establish it. Prohibits licensing, assignment, or transfer to any person but the patent owner of the right to assert the defense, except as an ancillary and subordinate part of a good faith assignment or transfer for other reasons of the entire enterprise or line of business to which the defense relates. Restricts the site of use of a subject matter for which the defense may be asserted if the defense has been acquired as part of such a good faith assignment or transfer. Subtitle D: Patent Term Guarantee - Patent Term Guarantee Act of 1999 - Amends Federal patent law to extend the term of a patent one day for each day lost as a result of delay created by the USPTO when the agency fails to: (1) make notifications within 14 months after filing of a non-provisional application about the rejection of any patent claim, or objections to or requirements for it, or of allowance of the application; (2) respond within four months to a reply to a rejection, objection, or requirement, or to an appeal of a twice-rejected claim; (3) act on an application within four months after the date of a decision by the Board of Patent Appeals and Interferences, or a decision by a Federal court in a case in which allowable claims remain in the application; or (4) issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. (Sec. 4402) Requires a day-for-day extension of a patent term if: (1) a patent is not issued within three years after the filing of the application; or (2) issue is delayed by interferences, secrecy orders, or appeals. Specifies limitations to such an extension, as well as grounds for its reduction. Requires the USPTO Director to prescribe regulations establishing procedures for the application for and determination of patent term extensions and adjustments. (Sec. 4403) Authorizes the USPTO Director to: (1) prescribe regulations for the continued examination, at the applicant's request, of a patent application notwithstanding a final rejection; and (2) establish appropriate fees for continued examination proceedings, with a mandatory 50% fee reduction for qualifying small entities. Subtitle E: Domestic Publication of Patent Applications Published Abroad - Domestic Publication of Foreign Filed Patent Applications Act of 1999 - Requires the USPTO Director to publish each patent application 18 months after the earliest filing date for which a benefit is sought, unless the applicant requests earlier publication. Makes final and unreviewable the Director's determination to release or not to release information concerning a published patent application. Prohibits publication of any application: (1) no longer pending; (2) subject to a secrecy order; (3) which is provisional; (4) for a design patent; or (5) for an invention the applicant certifies has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing. Requires any applicant, in the latter instance, who subsequently files, in a foreign country or under a multilateral international agreement, an application directed to the invention disclosed in the application filed in the PTO, to notify the Director. (Sec. 4502) Allows an applicant to submit a redacted copy of the PTO-filed application, eliminating any part or description of the invention that is not also contained in any of the corresponding applications the applicant has filed in one or more foreign countries whose applications require a less extensive description of the invention than the application or description of the invention in the application filed in the PTO. Requires the USPTO Director to publish only the redacted copy of the application, unless it is not received within 16 months after the earliest effective filing date. Requires the USPTO Director to establish appropriate procedures to ensure that no protest or other form of pre-issuance opposition to the grant of a patent on an application may be initiated after publication of the application without the express written consent of the applicant. Prohibits publication or disclosure of the application of any invention whose publication or disclosure would be detrimental to the national security. Directs the Comptroller General to study and report to specified congressional committees on applicants who file only in the United States on or after the effective date of this subtitle. (Sec. 4503) Amends Federal patent law with respect to the option of an applicant seeking patent protection in the United States to claim the filing date of an application for the same invention filed in another Convention country, provided the subsequent application is filed in the United States within 12 months of the earlier filing in the foreign country. Revises requirements for claiming such priority. Authorizes the Director to: (1) consider an applicant's failure to file a timely claim for priority to be a waiver of any such priority claim; and (2) establish procedures (including the payment of a surcharge) to accept an unintentionally delayed priority claim. (Sec. 4504) Amends Federal patent law to state that a patent shall contain a (provisional) right to obtain a reasonable royalty for applicants whose applications are published under this title, or international applications designating the United States filed under the Patent Cooperation Treaty (PCT). Entitles the applicant to obtain a reasonable royalty from any person who between publication of the application and issuance of the patent: (1) makes, uses, offers for sale, or sells the invention in, or imports it into, the United States; or (2) if the invention claimed is a process, makes, uses, offers for sale, sells, or imports a product made by that process in the United States; and (3) had actual notice of the published application, including a translation into English if it was filed in a non-English language under the PCT designating the United States. Denies availability of such right unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published application. Sets a six-year statute of limitations from the date of patent issuance in which an action for reasonable royalties must be brought. (Sec. 4505) Grants a published application prior art effect as of its earliest effective U.S. filing date against any subsequently filed U.S. applications. States that any foreign filing date to which the published application is entitled will not be the effective filing date of the U.S. published application for prior art purposes, unless it is an international application designating the United States published in English under the PCT. (Sec. 4506) Requires the Under Secretary of Commerce for Intellectual Property and the USPTO Director to recover the cost of early publication required by this title by charging a separate publication fee after a notice of allowance is given. Subtitle F: Optional Inter Partes Reexamination Procedure - Optional Inter Partes Reexamination Procedure Act of 1999 - Amends Federal patent law to allow a third party to request inter partes reexamination by the PTO of a patent on the basis of any prior art, as long as the real party in interest is identified. (Sec. 4604) Requires the USPTO Director to: (1) make a determination (which shall be final and non-appealable) determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications; and (2) order for inter partes reexamination of the patent for resolution of any substantial new question determined. Prescribes procedures for an inter partes reexamination. Entitles the third-party requester to: (1) submit one written comment addressing issues raised by the action of the Office or the patent owner's response each time the patent owner files a response to the USPTO; and (2) appeal to the USPTO Board of Patent Appeals and Interferences (but not the Court of Appeals for the Federal Circuit) from an examiner's determination that the reexamined patent is valid. Entitles the patent owner to appeal to the Court of Appeals for the Federal Circuit any decision adverse to a claim's patentability. Estops any third-party requesters who participate in an inter partes reexamination proceeding from raising in a subsequent civil action or inter partes reexamination any issue of patent validity that they raised or could have raised during such inter partes reexamination. Permits a subsequent assertion of patent invalidity, however, based on newly discovered prior art unavailable to the third-party requester and the PTO at the time of the inter partes reexamination proceedings. Requires the USPTO Director, upon expiration of the time for appeal or termination of any appeal proceeding with regard to an inter partes reexamination, to cancel any patent claim finally determined unpatentable, confirm any claim determined patentable, or incorporate in the patent any proposed amended or new claim determined patentable. Prescribes circumstances in which an inter partes reexamination is prohibited. (Sec. 4606) Directs the Under Secretary for Intellectual Property and the USPTO Director to evaluate for Congress whether the inter partes reexamination proceedings established under this title are inequitable to any of the parties in interest and, if so, recommend suitable changes. (Sec. 4607) Estops an inter partes reexamination requester from challenging at a later time, in any civil action, any fact determined during the process of such reexamination, except with respect to a fact determination later proved to be erroneous based on information unavailable at the time of the inter partes reexamination decision. Subtitle G: Patent and Trademark Office - Patent and Trademark Office Efficiency Act - Amends Federal patent law to reorganize the Patent and Trademark Office in the Department of Commerce into a U.S. agency within the Department, called the United States Patent and Trademark Office (USPTO), subject to the general policy direction of the Secretary of Commerce but exercising independent control of its budget, personnel, procurements, and other administrative and management functions. (Sec. 4713) Vests the enumerated powers and duties of the USPTO in an Under Secretary of Commerce for Intellectual Property and Director of the USPTO (currently, the Commissioner of Patents and Trademarks). Requires the Secretary to appoint a Commissioner of Patents and a Commissioner of Trademarks. (Sec. 4714) Establishes a Patent Public Advisory Committee and a Trademark Public Advisory Committee. (Sec. 4715) Revises the composition of the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences to reflect the changes of this Act. Repeals the current authority (of the Commissioner of Patents and Trademarks) to designate any patent examiner of the primary examiner grade or higher to serve as examiner-in-chief for a six-month period, and act as a member of the Board of Patent Appeals and Interferences. Subtitle H: Miscellaneous Patent Provisions - Amends Federal patent law to permit the conversion, upon applicant request, of a provisional application into a non-provisional application. Repeals the requirement that a provisional application be pending on the filing date of a non-provisional application in order for the provisional application to be relied upon in any proceeding in the USPTO. (Sec. 4802) Permits persons who filed an application for patent first in a World Trade Organization (WTO) member country to claim the right of priority in a subsequent patent application filed in the United States, even if such country does not yet afford similar privileges on the basis of applications filed in the United States. Provides for the right of priority in the United States on the basis of an application for a plant breeder's right first filed in a WTO member country or in a foreign member of the International Convention for the Protection of New Varieties of Plants (UPOV Contracting Party). (Sec. 4803) Makes certain limitations on remedies for patent infringement applicable only to applications filed on or after September 30, 1996. (Sec. 4804) Authorizes the USPTO to receive, publish, disseminate, and maintain information in electronic form. Prohibits the USPTO Director from ceasing to maintain paper or microform collections of U.S. patents, foreign patent documents, and U.S. trademark registrations, except pursuant to notice and opportunity for public comment. Requires the USPTO Director to report to Congress the details of any proposal to cease maintaining paper or microform collections, certifying that its implementation will not negatively impact the public. (Sec. 4805) Directs the Comptroller General to study and report to Congress on the potential risks to the U.S. biotechnological industry regarding biological deposits in support of biotechnology patents. Requires the USPTO to consider the Comptroller General's recommendations when drafting regulations affecting biological deposits. (Sec. 4806) Specifies that an inventor involved in a USPTO interference proceeding who establishes a date of invention is subject to certain requirements, including the one that the invention was not abandoned, suppressed, or concealed. (Sec. 4807) Revises the condition of patentability that subject matter developed by another person which qualifies as prior art only in certain circumstances shall not preclude the granting of a patent on an invention with only obvious differences where the subject matter and claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person. Adds to such qualifying prior art circumstances that the invention was described in another patent granted on an application filed before the applicant's date of invention. (Thus allows an applicant to receive a patent when an invention with only obvious differences from the applicant's invention was described in a patent granted on an application filed before the applicant's invention, provided the inventions are commonly owned or subject to an obligation of assignment to the same person.) (Sec. 4808) Prohibits the USPTO Director from entering into an agreement to provide copies of specifications and drawings of U.S. patents and applications to a foreign country, other than a North American Free Trade Agreement (NAFTA) country or a WTO member country, without the express authorization of the Secretary of Commerce. Title V: Miscellaneous Provisions - Amends Federal law establishing the Commission on Online Child Protection to: (1) revise membership provisions; (2) extend by one year the Commission report deadline; (3) terminate the Commission either 30 days after such report (current law) or on November 30, 2000, whichever is earlier; and (4) revise meeting requirements and establish Commission rules. (Sec. 5002) Amends the Communications Act of 1934 to provide privacy requirements with respect to donors to public broadcasting entities. (Sec. 5003) Requires the Federal Communications Commission (FCC), within 180 days after enactment of this Act, to complete a biennial regulatory review required under the Telecommunications Act of 1996. (Sec. 5004) Amends Federal copyright law to provide a remittance of copyright damages for public broadcasting entities that were not aware that their acts constituted a copyright violation. (Sec. 5005) Amends the Digital Millennium Copyright Act and the Tariff Act of 1930 to make technical amendments relating to vessel hull design protection. (Sec. 5007) Amends Federal copyright law to allow surety corporations, like other corporations, to utilize approved state officials to receive service of process in any legal proceeding in lieu of having a separate service agent in each Federal judicial district. (Sec. 5008) Community Broadcasters Protection Act of 1999 - Amends the Communications Act of 1934 to direct the FCC to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the requirements for class A designation. Requires requesting licensees to submit to the FCC a certification of eligibility based on the requirements of this section. Requires the FCC to: (1) grant such certification absent a material deficiency; and (2) act to preserve the service areas of LPT stations pending final resolution of such applications. Allows an LPT station to submit an application for class A designation only within 30 days after final regulations are adopted. Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this title: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled LPT stations that carry common local programming produced within the market area served by such group; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to also qualify stations as LPT stations if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) the FCC shall approve such applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of the filing of the advanced television application. States that nothing in this section shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses. Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements. Prohibits the FCC from granting a class A license to an LPT station operating on a channel that includes any of the 175 additional channels referenced within a certain FCC Memorandum of Opinion and Order of Reconsideration. Directs the FCC to identify such channels within 18 months after enactment of this section. Prohibits the FCC from granting a class A license or modification unless the applicant or licensee shows that the station for which such license or modification is sought will not cause interference within: (1) the predicted contour (service area) of any television transmitting in analog format; (2) certain digital television service areas; (3) the predicted contour of any LPT station or LPT translator station that was licensed, authorized for construction, or had a pending application before the date of the class A license application; or (4) 80 miles from the geographic center of certain listed areas, including the 482-488 megahertz band in New York. Provides that LPT stations that are displaced by applications filed under this section shall have priority over other LPT stations in the assignment of available channels. Title VI: Superfund Recycling Equity - 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. (Sec. 6001) Excludes from the meaning of recyclable material (thus deeming a non-recyclable material): (1) any shipping container of a capacity from 30 liters to 3,000 liters, whether intact or not, having any hazardous substance (but not metal bits and pieces or hazardous substance that form an integral part of the container) contained in or adhering to it; or (2) any item of material that contained polychlorinated biphenyls at a concentration in excess of 50 parts per million or any new standard promulgated pursuant to applicable Federal laws. Declares, however, that a determination whether or not any person shall be liable for any non-recyclable material shall be made without regard to the amendments made by this title. 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.

Clean Power Plant and Modernization Act of 1999

United States · United States Congress · 17 November 1999

Clean Power Plant and Modernization Act of 1999 - Requires fossil fuel-fired generating units (units) that commence operation on or before ten years after this Act's enactment date to achieve and maintain a combustion heat rate efficiency of at least 45 percent (based on the higher heating value of the fuel). Sets such percentage at 50 percent for units commencing operation more than ten years after such date, unless granted a waiver. Authorizes units that commence operation more than ten years after this Act's enactment to apply to the Administrator of the Environmental Protection Agency for waivers of the heat rate efficiency standard. Grants such a waiver only if the unit owner or operator: (1) demonstrates that the technology to meet such standard is not commercially available or, despite best technical efforts and willingness to make the financial commitment, the standard is not achievable; and (2) enters into an agreement with the Administrator to offset by a factor of 1.5 to 1, the emission reductions that the unit does not achieve because of the failure to achieve such standard. Requires units receiving waivers to achieve the 45 percent standard. (Sec. 5) Requires units, not later than ten years after this Act's enactment and regardless of the date of construction or commencement of operation, to operate in compliance with new source review requirements under the Clean Air Act (the Act). Establishes specified emission limitations for mercury, carbon dioxide, sulfur dioxide, and nitrogen oxides from units based on the respective efficiency standards. Requires units to obtain permits under the Act that require compliance with such standards and limitations. Directs the Administrator to promulgate fuel sampling and emission monitoring techniques for use by units in calculating mercury emission reductions. Provides for the submission of pollutant-specific reports by owners or operators. Makes facility-specific emission data available to the public. Directs the Administrator to promulgate regulations requiring owners or operators of generating units to disclose to residential consumers of electricity generated by such units data concerning emissions levels. Requires the Administrator to promulgate regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that hazards are not transferred from one environmental medium to another and that there is no release of mercury into the environment. (Sec. 6) Makes certain facilities that use solar power to produce electricity eligible for the renewable energy tax credit. (Sec. 7) Amends Internal Revenue Code provisions relating to excise taxes to impose on covered fossil fuel-fired generating units a tax equal to 30 cents per megawatt hour of electricity produced. Provides for increases in such tax rate as necessary to ensure that the Clean Air Trust Fund established by this Act has sufficient amounts to fully fund authorized activities. Defines a "covered fossil fuel-fired generating unit" as one powered by fossil fuels with a generating capacity of at least five megawatts which is not subject to all regulations under the Act governing new stationary source performance standards because of the date on which it commenced commercial operation. (Sec. 8) Establishes the Clean Air Trust Fund in the Treasury. Appropriates megawatt hour generation taxes (established by this Act) to the Fund. Makes the Fund available for specified activities under this Act. (Sec. 9) Provides for accelerated depreciation and cost recovery for certain investor-owned units. (Sec. 10) Provides for annual grants for capital expenditures for new publicly owned units in compliance with this Act in amounts equal to the depreciation deduction that would be realized by similarly-situated investor-owned units over the applicable time period. (Sec. 11) Expresses the sense of Congress with respect to crediting permanent reductions in carbon dioxide and nitrogen oxide emissions to the utility sector and owners or operators and passing on monetary value accruing from such credits to utility customers in any climate change implementation program enacted by Congress. (Sec. 12) Directs the Secretary of Energy to fund research and development programs and commercial demonstration projects and partnerships to demonstrate the commercial viability and environmental benefits of electric power generation from biomass (excluding unseparated municipal solid waste), geothermal, solar, and wind technologies and from fuel cells. Authorizes appropriations. (Sec. 13) Requires the Secretary, under the Energy Policy Act of 1992, to establish a program to fund projects and partnerships designed to demonstrate the efficiency and environmental benefits of electric power generation from clean coal, advanced gas turbine, and combined heat and power technologies. Authorizes appropriations. (Sec. 14) Requires the Secretary to report to Congress on the implementation of this Act and on provisions of certain energy statutes that conflict with this Act. Provides for recommendations from the Secretary, the Chairman of the Federal Energy Regulatory Commission, and the Administrator for legislative or administrative measures to harmonize and streamline such statutes. (Sec. 15) Authorizes appropriations for: (1) assistance to coal industry workers terminated from employment, and to communities adversely affected, as a result of reduced coal consumption by the electric power generation industry; and (2) development of a carbon sequestration strategy to offset growth in U.S. carbon dioxide emissions and for carrying out methods of biologically sequestering carbon dioxide.

Energy Employees' Compensation Act

United States · United States Congress · 17 November 1999

Energy Employees' Compensation Act - Title I: Energy Employees' Beryllium Compensation Act - Energy Employees' Beryllium Compensation Act - Authorizes the Secretary of Energy (Secretary) to include in subsequent regulations: (1) additional definitions to those set forth in this Act with respect to vendors, processors, or producers of beryllium or related products; and (2) criteria by which a claimant may establish the existence of a covered illness. (Sec. 105) Prescribes guidelines for: (1) the Secretary to administer this Act; (2) determinative criteria for exposure to beryllium in the performance of duty; (3) compensation for disability or death, medical services, and vocational rehabilitation; (4) computation of pay; (5) limitations on receiving compensation; (6) coordination of benefits; and (7) retroactive compensation. (Sec. 112) Declares: (1) this Act to be the exclusive remedy against the United States, its instrumentalities, and specified contractors and subcontractors; and (2) acceptance of payment under this Act shall be in full settlement of all claims. Declares void any assignment of a claim for compensation under this Act. (Sec. 120) Establishes in the Treasury the Energy Employees' Beryllium Compensation Fund for the payment of compensation and other benefits and expenses under this Act. (Sec. 121) Provides for forfeiture of benefits by persons convicted of fraud with respect to Federal or State workers' compensation benefits. (Sec. 122) Authorizes the Secretary to prescribe regulations for the administration and enforcement of this Act. Mandates that such regulations provide for a Beryllium Compensation Appeals Panel to make final decisions on appeals. (Sec. 125) Authorizes appropriations. Title II: Energy Employees Pilot Project Act - Energy Employees Pilot Project Act - Directs the Secretary to conduct a pilot program to examine the relationship between workplace exposures to radiation, hazardous materials, and occupational illness or other adverse health conditions. (Sec. 203) Mandates that a physicians' panel of specialists in health conditions related to occupational exposure to radiation and hazardous materials selected by the contractor that managed DOE's East Tennessee Technology Park (facility) prepare a report on medical examinations of a specified number of current and former facility employees. (Sec. 205) Authorizes the Secretary to make specified compensation awards to facility employees found to have sustained an adverse health condition resulting from exposure to radiation or hazardous materials. Grants employees the option to elect such award in lieu of compensation under the Energy Employees' Beryllium Compensation Act. Deems such award to be payment in full settlement of claims against the United States, contractors, and subcontractors. (Sec. 211) Authorizes appropriations. Title III: Paducah Employees Exposure Compensation Act - Paducah Employees' Exposure Compensation Act - Establishes in the Treasury the Paducah Employees' Exposure Compensation Fund to be disbursed exclusively by the Attorney General for the payment of compensation claims to eligible Paducah employees. Authorizes appropriations to the Fund. (Sec. 305) Deems such award to be payment in full settlement of claims against the United States, contractors, and subcontractors. (Sec. 308) Limits the amount of claimants' attorney's fees.

To establish a compensation program for employees of the Department of Energy, its contractors, subcontractors, and beryllium vendors, who sustained a beryllium-related illness due to the performance of their duty; to establish a compensation program for certain workers at the Paducah, Kentucky, gaseous diffusion plant; to establish a pilot program for examining the possible relationship between workplace exposure to radiation and hazardous materials and illnesses or health conditions, and for other purposes.

United States · United States Congress · 17 November 1999

Title I: Energy Employees' Beryllium Compensation Act - Energy Employees' Beryllium Compensation Act - Authorizes the Secretary of Energy (Secretary) to include in subsequent regulations: (1) additional definitions to those set forth in this Act with respect to vendors, processors, or producers of beryllium or related products; and (2) criteria by which a claimant may establish the existence of a covered illness. (Sec. 105) Prescribes guidelines for: (1) the Secretary to administer this Act; (2) determinative criteria for exposure to beryllium in the performance of duty; (3) compensation for disability or death, medical services, and vocational rehabilitation; (4) computation of pay; (5) limitations on receiving compensation; (6) coordination of benefits; and (7) retroactive compensation. (Sec. 112) Declares: (1) this Act to be the exclusive remedy against the United States, its instrumentalities, and specified contractors and subcontractors; and (2) acceptance of payment under this Act shall be in full settlement of all claims. Declares void any assignment of a claim for compensation under this Act. (Sec. 120) Establishes in the Treasury the Energy Employees' Beryllium Compensation Fund for the payment of compensation and other benefits and expenses under this Act. (Sec. 121) Provides for forfeiture of benefits by persons convicted of fraud with respect to Federal or State workers' compensation benefits. (Sec. 122) Authorizes the Secretary to prescribe regulations for the administration and enforcement of this Act. Mandates that such regulations provide for a Beryllium Compensation Appeals Panel to make final decisions on appeals. (Sec. 125) Authorizes appropriations. Title II: Energy Employees Pilot Project Act - Energy Employees Pilot Project Act - Directs the Secretary to conduct a pilot program to examine the relationship between workplace exposures to radiation, hazardous materials, and occupational illness or other adverse health conditions. (Sec. 203) Mandates that a physicians' panel of specialists in health conditions related to occupational exposure to radiation and hazardous materials selected by the contractor that managed DOE's East Tennessee Technology Park (facility) prepare a report on medical examinations of a specified number of current and former facility employees. (Sec. 205) Authorizes the Secretary to make specified compensation awards to facility employees found to have sustained an adverse health condition resulting from exposure to radiation or hazardous materials. Grants employees the option to elect such award in lieu of compensation under the Energy Employees' Beryllium Compensation Act. Deems such award to be payment in full settlement of claims against the United States, contractors, and subcontractors. (Sec. 211) Authorizes appropriations. Title III: Paducah Employees' Exposure Compensation Act - Paducah Employees Exposure Compensation Act - Establishes in the Treasury the Paducah Employees' Exposure Compensation Fund to be disbursed exclusively by the Attorney General for the payment of compensation claims to eligible Paducah employees. Authorizes appropriations to the Fund. (Sec. 305) Deems such award to be payment in full settlement of claims against the United States, contractors, and subcontractors. (Sec. 308) Limits the amount of claimants' attorney's fees.

To direct the Minerals Management Service to grant the State of Louisiana and its lessees a credit in the payment of Federal offshore royalties to satisfy the authorization for compensation contained in the Oil Pollution Act of 1990 for oil and gas drainage in the West Delta field.

United States · United States Congress · 17 November 1999

Permits State of Louisiana lessees, for a specified period of time, to withhold payment of specified Federal offshore royalties owed to the United States under the Outer Continental Shelf Lands Act if they make certain payments to the State of Louisiana. Requires such State lessees to present a quarterly report to the Director of the Minerals Management Service listing the Federal leases for which such royalty payments are withheld.

Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001

United States · United States Congress · 17 November 1999

Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 - Division A: Department of State Provisions - Title I: Authorizations of Appropriations - Subtitle A: Department of State - Authorizes appropriations for the Department of State for FY 2000 and 2001 for: (1) administration of foreign affairs; (2) international commissions; (3) migration and refugee assistance (including for humanitarian assistance to Tibetan refugees in India and Nepal, refugees resettling in Israel, displaced Burmese and Sierra Leoneans, and for an international rape counseling program to counsel female victims of rape during times of war); (4) U.S. informational, educational, and cultural programs; (5) the Asia Foundation; (6) contributions to international organizations (including the U.S. assessment for the civil budget of the North Atlantic Treaty Organization) and international peacekeeping activities; and (7) certain voluntary contributions to international organizations. Withholds twenty percent of the U.S. assessed contribution to the United Nations (UN) until the Secretary of State certifies that the UN has met specified conditions. Bars the use of funds for U.S. contributions to: (1) pay for expenses related to the holding of any UN global conference (except one scheduled before October 1, 1998); and (2) the UN regular budget for the U.S. share of framework treaty-based organization, including the Framework Convention on Global Climate Change, the International Seabed Authority, the Desertification Convention, and the International Criminal Court. Withholds a certain amount of funds from the UN Development Program that will be spent in Burma during each fiscal year unless the President certifies to the appropriate congressional committees that the Program's activities in Burma: (1) are focused on eliminating human suffering and addressing the needs of the poor; (2) are undertaken only through international or private voluntary organizations that are independent of the State Peace and Development Council (SPDC) (formerly known as the State Law and Order Restoration Council (SLORC)); (3) provide no financial, political, or military benefit to the SPDC; and (4) are carried out only after consultation with the leadership of the National League for Democracy and the National Coalition Government of the Union of Burma. Limits the U.S. voluntary contributions to international organizations for the UN Population Fund (UNFPA). Makes such funds available only if: (1) UNFPA maintains funds available to it in a separate account; (2) it does not commingle such funds; and (3) it does not fund abortions. Prohibits the use of funds for UNFPA for a country program in China. Directs the Secretary to report to the appropriate congressional committees on the amount of funds that the UNFPA is budgeting for the year in which the report is submitted for a country program in China. Withholds the U.S. voluntary contribution to the UNFPA, if a report indicates plans to spend funds for a country program in China, in an amount equal to that which would be spent on a country program in China after March 1 for the remainder of the fiscal year in which the report is submitted. Subtitle B: United States International Broadcasting Activities - Authorizes appropriations for FY 2000 and 2001 to carry out certain international broadcasting activities. Title II: Department of State Basic Authorities and Activities - Subtitle A: Basic Authorities and Activities - Directs the Secretary of State to fill the position of Director of the Office of Children's Issues of the Department of State with an individual of senior rank who: (1) can ensure long-term continuity in the management and policy matters of the Office; and (2) has a strong background in consular affairs. Designates in each U.S. diplomatic mission an employee who shall serve as the point of contact for matters relating to international abductions of children by parents. Directs the Secretary, with a specified exception, to report semi-annually to each parent who has requested assistance regarding an abducted child. (Sec. 202) Amends the Foreign Affairs Reform and Restructuring Act of 1998 to extend through September 30, 2001, the requirement that the Secretary report to the appropriate congressional committees on compliance by member countries with the Convention on the Civil Aspects of International Child Abduction (done at The Hague on October 25, 1980). Requires such report to include (among other things): (1) specific actions taken by the U.S. chief of mission in the country to which a child is alleged to have been abducted; (2) a list of countries party to the Convention in which parents who have been left-behind in the United States have not been able to secure prompt enforcement of a final return or access order under a Hague proceeding, of a U.S. custody, access, or visitation order, or of an access or visitation order in the country concerned, due to the absence of an effective method for enforcement of civil court orders, the absence of comity, or other factors; and (3) a description of the Secretary's efforts to encourage the parties to the Convention to facilitate the work of nongovernmental organizations within their countries that assist parents seeking the return of children under the Convention. (Sec. 203) Directs the Secretary to report to the appropriate congressional committees on the investigation into the March 30, 1997, grenade attack in Cambodia. (Sec. 204) Prohibits the State Department from obligating more funds than expressly authorized and appropriated (or obligating such funds unless the appropriate congressional committees are notified) for a U.S. pavilion or other major exhibit at any international exposition or world's fair registered by the Bureau of International Expositions. (Sec. 205) Amends the Inspector General Act of 1978 to declare that the Inspector General of the Agency of International Development (AID) shall serve as the Inspector General of the Inter-American Foundation and the African Development Foundation. (Sec. 206) Directs the Secretary to report to the appropriate congressional committees on the extent of international drug trafficking through Cuba since 1990. (Sec. 207) Amends the Authorization for Use of Military Force Against Iraq Resolution to require the President to report to Congress at least once every 90 days (currently, 60 days) on the status of efforts to obtain Iraq's compliance with resolutions adopted by the UN Security Council in response to Iraq's aggression. (Sec. 208) Amends the Foreign Service Act of 1980 to require the Director General of the Foreign Service to report to specified congressional committees summarizing the number of Foreign Service positions in each overseas mission requiring foreign language competence that became vacant during the previous year and were filled by individuals having the required foreign language competence. (Sec. 209) Extends certain reporting requirements. (Sec. 210) Authorizes interest accrued on certain joint funds under agreements for cooperation in environmental, scientific, cultural and related areas to be used by the State Department without return to the Treasury and without further appropriation by Congress. (Sec. 211) Directs the Secretary to: (1) review extradition treaties and other agreements containing extradition obligations to which the United States is a party; and (2) report to the appropriate congressional committees regarding U.S. extradition policy. Subtitle B: Consular Authorities - Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 with respect to fees charged for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas. Makes any fee collections that exceed a certain amount for FY 2000, 2001, and 2002 available for deposit as an offsetting collection to any State Department appropriation to recover the costs of providing consular services only if Congress is notified in accordance with specified reprogramming notification procedures. Repeals: (1) provisions making inapplicable certain requirements concerning accounting for consular fees to fees collected under this section; and (2) the prohibition against the charging of fees to citizens of countries signatory to the North American Free Trade Agreement (NAFTA). (Sec. 232) Authorizes the Secretary to charge a fee for State Department services provided to ensure that an affidavit of support provided by a sponsor is properly completed before it is forwarded to a consular post for adjudication of an immigrant visa. (Sec. 233) Amends the Passport Act to provide that a nonrefundable fee of $10 shall be collected for the filing of each passport application (including the cost of passport issuance and use). (Sec. 234) Amends the State Department Basic Authorities Act of 1956 to revise requirements concerning the State Department and the death of U.S. citizens abroad. Sets forth requirements regarding: (1) notification of next of kin by consular officers; (2) the appointment of such officers as conservators of a decedent's estate; and (3) losses in connection with the conservation of the estate. (Sec. 236) Directs the Secretary to issue regulations that provide that before a child under age 14 is issued a passport: (1) both parents, or the child's legal guardian, have executed the application and provided documentary evidence demonstrating that they are who they say they are; and (2) the person executing the application has provided documentary evidence that he or she has sole custody of the child, has the consent of the other parent to the issuance of the passport, or is in loco parentis and has the consent of both parents, of a parent with sole custody over the child, or of the child's legal guardian. (Sec. 237) Declares it shall be State Department policy to process immigrant visa applications of immediate relatives of U.S. citizens and nonimmigrant K-1 visa applications of fiances of U.S. citizens within 30 days (60 days for other than immediate relative) of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service (INS). Directs the Secretary to report annually to the appropriate congressional committees on the extent to which the State Department is meeting such policy standards. (Sec. 238) Directs the Secretary to report to the appropriate congressional committees (including those specified) on the feasibility of decreasing the amount of an individual's arrearages of child support that would require the Secretary to refuse to issue such individual a passport. Subtitle C: Refugees - Bars the use of funds (including migration and refugee assistance, unless the appropriate congressional committees are first notified) for the involuntary return of a person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. (Sec. 252) Requires a certain human rights report in connection with the provision of security assistance to a foreign country to include the extent to which such country has extended protection to refugees (including the provision of first asylum and resettlement). (Sec. 253) Amends the International Religious Freedom Act of 1998 to include State Department employees together with INS personnel within guidelines that address potential biases by such personnel who are hired abroad and involved with duties which could constitute a barrier to a refugee claim if they carry a bias against the claimant on the grounds of religion, race, nationality, membership in a particular social group, or political opinion. Directs the Secretary to issue guidelines to ensure that persons with potential biases against a refugee applicant (including persons employed by, or otherwise subject to influence by, governments known to be involved in such persecution) shall not be used in processing determinations of refugee status, including interpretation of conversations or examination of documents presented by such applicants. (Sec. 254) Directs the Secretary to establish a task force to determine and report to Congress on eligibility guidelines for women seeking refugee status overseas due to gender-related persecution. (Sec. 255) Makes certain Vietnamese nationals eligible for in-country refugee processing and admittance into the United States for resettlement. Title III: Organization and Personnel of the Department of State - Subtitle A: Organization Matters - Directs the Secretary to assess and report to specified congressional committees on the administrative and personnel requirements for the establishment of legislative liaison offices for the State Department within the House of Representatives and Senate office buildings. (Sec. 302) Directs the Secretary to designate an existing senior- level State Department official with responsibility for promoting regional cooperation in and coordinating U.S. policy toward Northeastern Europe. (Sec. 303) Directs the Secretary to designate a senior-level State Department official as the Science and Technology Adviser who shall advise the Secretary on international science and technology matters affecting U.S. foreign policy. (Sec. 305) Earmarks certain additional amounts authorized to the Diplomatic Telecommunications Service Program Office (DTS-PO) for enhancement of Diplomatic Telecommunications Service capabilities. Sets forth specified actions the DTS-PO must take in order for it to better manage a fully integrated telecommunications network to service all agencies at diplomatic missions and consular posts. Subtitle B: Personnel of the Department of State - Amends the State Department Basic Authorities Act of 1956 to provide for the award of the Foreign Service Star to an individual whose death or injury occurs overseas while performing official duties as a member of the Foreign Service or a civilian employee of the U.S. Government. (Sec. 323) Amends the Foreign Service Act of 1980 to limit to no more than 33 percent (currently, 50 percent) the percentage of Senior Foreign Service members that may receive performance pay in any fiscal year. (Sec. 324) Requires the Director of the Foreign Service to report to the appropriate congressional committees on the placement of Senior Foreign Service personnel. (Sec. 325) Directs the State Department to report to the appropriate congressional committees on the feasibility of modifying current training programs so that the Department can provide significant and comprehensive management training at all career grades for Foreign Service personnel. (Sec. 326) Requires the Secretary to report to the Speaker of the House of Representatives and a specified Senate committee on: (1) the steps taken and planned in furtherance of maximum compatibility among agencies utilizing the Foreign Service personnel system, and the development of uniform policies and procedures and consolidated personnel functions; and (2) a five-year workforce plan, including projected personnel needs, by grade and by skill. (Sec. 327) Requires any record of disciplinary action that includes a suspension of more than five days taken against a member of the Foreign Service (including any correction of such record) to remain a part of the personnel records until such person is tenured as a career member of the Service or next promoted. (Sec. 328) Requires an employee, at any time the Secretary recommends such employee be separated from the Service, to be placed on leave without pay pending final resolution of the case, subject to reinstatement with back pay if cause for separation is not established in a hearing before the Foreign Service Grievance Board. (Sec. 329) Declares that nothing shall prevent a Foreign Service grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant's personnel records, nor prevent the State Department from inserting a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the discipline. (Sec. 330) Reduces from three years to two years after the occurrence giving rise to such grievance the deadline for the filing of a grievance by a Foreign Service employee with the State Department; or, in the case of a grievance with respect to the grievant's rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by the reviewer, but in no case less than two years after the occurrence giving rise to the grievance. Requires the Chairman of the Board to report to specified congressional committees on its activities during the previous year. (Sec. 332) Authorizes the Secretary, whenever it is in the best interest of the United States, to allow the head of any Federal agency or other Government establishment to hire individuals abroad as members of the Foreign Service. (Sec. 333) Requires a Foreign Service employee who regularly commutes from his or her place of residence in the United States to an official duty station in Canada or Mexico to receive a border equalization adjustment (locality pay adjustment). (Sec. 334) Amends Federal law to set forth provisions regarding contributions made to the Thrift Savings Fund by Foreign Service employees who are reemployed by the Service after a temporary transfer to an international organization. (Sec. 335) Authorizes the spouse and dependents of Foreign Service employees who have died at post in a foreign area to receive a transfer allowance (extraordinary, necessary, and reasonable subsistence and other relocation expenses) for their return to the United States. (Sec. 336) Provides for an education allowance to an employee at a post in a foreign area not to exceed the cost of obtaining kindergarten, elementary and secondary educational services, plus room and board, where adequate schools are not available at the employee's post, and periodic transportation between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available. (Currently, an employee can receive an allowance only for a school at the nearest locality). (Sec. 337) Authorizes up to three months advance pay to: (1) an employee (other than an employee appointed by the Secretary and employed as a family member of a Government employee) who is a U.S. citizen, stationed outside the United States, and requires (or has a family member who requires) medical treatment outside the United States; and (2) a foreign national employee who is appointed by the Secretary, or a non-family member U.S. citizen, who is stationed outside the country of employment, and must undergo medical treatment outside the country of employment. (Sec. 338) Declares that Congress finds that administrative and technical personnel posted to U.S. missions abroad who do not have diplomatic status suffer financial disadvantages from their lack of such status. Requires the Secretary to report to the appropriate congressional committees on such disadvantages, including proposals to alleviate them. (Sec. 339) Sets forth certain standards which must be followed with regard to Inspector General investigations of potential violations of Federal criminal law or Federal regulations (including certain reports on such investigations). Requires the Inspector General, in a certain annual report to the Secretary, to include: (1) a notification of any instance in which the Inspector General decided not to afford an individual the opportunity to refute any allegation with respect to an adverse personnel action; and (2) the rationale for denying the individual such opportunity. Declares that a failure to comply with such requirements shall not give rise to any private right of action in court or to any administrative grievance procedure. (Sec. 340) Directs the President to report to the appropriate congressional committees on the benefits and compensation paid to the survivors of U.S. Government employees (including those in the uniformed services and Foreign Service National employees) killed in the performance of their duties abroad as a result of terrorist acts. (Sec. 341) Amends the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)) to direct the Secretary to ensure that the advances made in increasing the number of women and minorities within the foreign affairs agencies of the Federal Government are not undermined by discrimination within the newly reorganized State Department. Title IV: United States Informational, Educational, and Cultural Programs - Subtitle A: Authorities and Activities - Amends the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 to designate educational and cultural exchange programs between the United States and Tibet as the Ngawang Choephel Exchange Programs. (Sec. 401) Extends through FY 2000 scholarships for Tibetan and Burmese students and professionals who live outside Tibet and Burma, respectively. Requires the scholarship program for Tibetan students, whenever practical, to give consideration to individuals who are active in the preservation of Tibet's culture, language, and religion. (Sec. 402) Directs the Secretary (currently, the Director of the United States Information Agency (USIA)), in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy, to provide, where appropriate, opportunities for significant participation in such programs to nationals of such countries who are, among other things, committed to advancing human rights and democratic values in such countries. (Sec. 403) Amends the United States Information and Educational Exchange Act of 1948 to direct the Secretary, in coordination with other appropriate executive branch officials, to take all appropriate steps to: (1) prevent an agent of a foreign power from participating in educational and cultural exchange programs; and (2) ensure that no person who is involved in the research, development, design, testing, evaluation, or production of missiles or weapons of mass destruction or of chemical or biological weapons for offensive purposes is a participant in such programs. (Sec. 404) Amends the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted in division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)) to repeal the abolition of the of the United States Advisory Commission on Public Diplomacy, and extend authority for it until October 1, 2001. Provides for the reduction of the Commission's staff and budget. (Sec. 405) Prohibits the use of funds appropriated under this Act to support any training or exchange program conducted by the Federal Bureau of Investigation (FBI) (or any other Federal law enforcement agency) for the Royal Ulster Constabulary (RUC) or RUC members until the President reports to the appropriate congressional committees on past training programs between the FBI and the RUC, and makes a certain certification with respect to such future training activities. Subtitle B: Russian and Ukrainian Business Management Education - Establishes a training program in Russia and the Ukraine for nationals of such countries to obtain skills in business administration, accounting, and marketing, with special emphasis on instruction in business ethics and in the basic terminology, techniques, and practices of those disciplines, to achieve international standards of quality, transparency, and competitiveness. Authorizes appropriations. Title V: United States International Broadcasting Activities - Amends the United States International Broadcasting Act of 1994 to: (1) authorize appropriations for FY 2000 and 2001 for Radio Free Asia; and (2) extend its authority through FY 2009. (Sec. 502) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to require the President to appoint (currently, designate) one member of the Broadcasting Board of Governors as Chairman of the Board, subject to the advice and consent of the Senate. (Sec. 503) Expresses the sense of Congress that Radio Free Europe (RFE) and Radio Liberty (RL) Incorporated should continue to broadcast to the peoples of Central Europe, Eurasia, and the Persian Gulf until such time as a particular nation has established democratic rule, including a free and balanced media. (Sec. 504) Amends the United States International Broadcasting Act of 1994 to grant immunity from civil liability to Broadcasting Board of Governors members while also acting as members of the board of directors of RFE/RL, Incorporated and Radio Free Asia. Title VI: Embassy Security and Counterterrorism Measures - Secure Embassy Construction and Counterterrorism Act of 1999 - Authorizes appropriations for the purpose of acquiring, or providing major security enhancements to, U.S. diplomatic facilities in order to meet specified security requirements. Specifies among such requirements that: (1) threat assessments such as the Emergency Action Plan (EAP) and the Security Environment Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, all U.S. Government agency personnel (except those under U.S. military command) be located on the site; (3) each newly acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate State Department and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) the Secretary develop annual physical fitness standards for all diplomatic security agents; (6) there is adequate State Department support for the Foreign Emergency Support Team (FEST); (7) the Secretary enter into a memorandum of understanding (MOU) with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S. diplomatic facilities; and (8) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility. (Sec. 605) Directs the Secretary to report annually for five years to the appropriate congressional committees an identification of U.S. diplomatic facilities that are priority for replacement or for major security enhancement because of vulnerability to terrorist attack, setting them out, in groups of 20, from the most vulnerable to the least vulnerable. Dedicates the use of account funds to facilities in the first four groups. (Sec. 607) Directs the Secretary to review, and report to the appropriate congressional committees on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas. (Sec. 608) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to provide that the Secretary is not required to convene an Accountability Review Board after the occurrence of serious injury, loss of life, or significant destruction of property, or breach of security at a Department of Defense (DOD) facility in cases where the Secretary has delegated operational control of overseas security to the Secretary of Defense. Requires the Secretary, subject to a specified exception, to convene a Board not later than 60 days after the occurrence of serious injury, loss of life, or significant destruction of property, or breach of security at a U.S. diplomatic mission (except that such 60-day period may be extended for one additional 60-day period if it is necessary for the convening of the Board). Requires the Secretary whenever he or she convenes a Board to inform the chairman of a specified congressional committee and the Speaker of the House of Representatives. (Sec. 609) Directs the Secretary of State to report to the appropriate congressional committees on a proposed operational plan and site selection to establish an International Law Enforcement Academy on the African continent in anti-terrorism and transnational crime fighting. Title VII: International Organizations and Commissions - Subtitle A: International Organizations Other than the United Nations - Amends the Department of State Authorization Act, Fiscal Years 1984 and 1985 to redesignate: (1) the United States-European Community Interparliamentary Group as the Transatlantic Legislators' Dialogue (United States-European Union Interparliamentary Group); and (2) the North Atlantic Assembly as the NATO Parliamentary Assembly. (Sec. 702) Authorizes the Commissioner of the U.S. Section of the International Boundary and Water Commission to provide technical tests, evaluations, information, surveys, or other similar services to State or local governments upon request on a reimbursable basis. (Sec. 703) Amends the American-Mexican Chamizal Convention Act of 1964 to authorize the Commissioner of the International Boundary and Water Commission to receive payments of money from public or private sources in the United States or Mexico for the purpose of sharing in the cost of operations and maintenance of the Bridge of the Americas which crosses the Rio Grande between El Paso, Texas, and Ciudad Juarez, Chihuahua. (Sec. 704) Directs the Secretary of State to report semiannually to Congress on the status of efforts by the U.S. Government to support membership and participation of Taiwan in international organizations. (Sec. 705) Prohibits the United States from becoming a party to the International Criminal Court except pursuant to a treaty made according to the U.S. Constitution after enactment of this Act. Prohibits the use of funds made available by any Act to: (1) support the International Criminal Court unless the United States becomes a party to the Court; (2) extradite a U.S. citizen to a foreign nation that is under obligation to surrender persons to the Court unless such nation confirms that applicable prohibitions on reextradition apply to such surrender or gives other assurances that it will not extradite or transfer that citizen to the Court; or (3) provide consent to the extradition or transfer of a U.S. citizen to a third country by a foreign country that is under obligation to surrender persons to the Court, unless the third country makes such confirmation. (Sec. 707) Amends the Foreign Affairs Reform and Restructuring Act of 1998 to extend through FY 2000 and 2001 certain requirements prohibiting, without a prior estimated expense report to the Department's Director of the Office of International Conferences, the use of funds under such Act to pay: (1) foreign travel expenses of an employee of the U.S. Executive agencies (with certain exceptions) in attending any international conference; or (2) the routine services that a U.S. diplomatic mission provides in support of travel by such employee. Makes permanent the requirement that the Director report to Congress with respect to each international conference. (Sec. 708) Amends the United Nations Participation Act of 1945 and the International Atomic Energy Agency Participation Act of 1957 to require the U.S. representative to the Vienna office of the UN to serve also as U.S. representative to the International Atomic Energy Agency. Subtitle B: United Nations Activities - Declares it to be U.S. policy to: (1) promote an end to Israel's inequity in the UN due to its denied acceptance into any of the UN's regional blocs; and (2) seek abolition of certain UN Palestinian groups. Directs the Secretary to report to the appropriate congressional committees on: (1) actions taken by U.S. representatives to encourage nations of the Western Europe and Others Group (WEOG) to accept Israel into their regional bloc; (2) other measures taken to ensure and promote Israel's full participation in the UN; and (3) steps taken by the United States to secure the abolition of the UN Palestinian groups. (Sec. 722) Amends the Foreign Assistance Act of 1961 to direct the President to provide the Secretary General of the UN with data regarding all costs incurred by DOD, as well as all costs incurred by all UN members, during the preceding year in support of all UN Security Council resolutions. (Sec. 723) Amends the United Nations Participation Act of 1945 to direct the President to obtain reimbursement from the UN for expenses incurred by it in UN peacekeeping operations, with specified exceptions. Provides a waiver for such requirement if it is in the national interest of the United States. (Sec. 724) Revises certain congressional reporting requirements with respect to UN peacekeeping operations (including U.S. participation in such operations) to require the President to consult with Congress monthly on the status of such operations (currently, the President must report at least annually). Directs the President to notify designated congressional committees at least 15 days before the United States provides assistance to the UN for peacekeeping operations, with specified exceptions. Title VIII: Miscellaneous Provisions - Subtitle A: General Provisions - Prohibits the Secretary of State from issuing any visa to, and the Attorney General from admitting to the United States, any foreign national that has been directly involved in the enforcement of population control policies forcing a woman to undergo an abortion against her free choice, or forcing a man or woman to undergo sterilization against his or her free choice, unless such national has discontinued his or her involvement with, and support for, such policies. Authorizes the President to waive such prohibition if: (1) it is in the national interest of the United States; and (2) Congress is notified in writing. (Sec. 803) Directs the Secretary to report to the appropriate congressional committees with respect to steps being taken by the Government of Morocco and by the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO) to ensure a free, fair, and transparent referendum in July 2000 in which the Western Saharan people will choose between independence and integration with Morocco. (Sec. 804) Amends the PLO Commitments Compliance Act of 1989 to require a certain report of the President to the Speaker of the House and the chairman of a specified congressional committee to include statements on: (1) the effectiveness of end-use monitoring of international or U.S. aid being provided to the Palestinian Authority, Palestinian Liberation Organization, or the Palestinian Legislative Council to comply with international accounting standards and on enforcement of anti-corruption measures; and (2) compliance by the Palestinian Authority with democratic reforms. (Sec. 805) Directs the Secretary of State to report semiannually to the appropriate congressional committees regarding terrorist attacks against U.S. citizens in Israel or in territories administered by Israel or by the Palestinian Authority (including a list of suspects implicated in such attacks). (Sec. 806) Amends the Foreign Assistance Act of 1961 with respect to the Secretary of State's annual reports to Congress concerning the human rights situation in countries proposed to receive security or development assistance. Authorizes the Secretary to include in such reports information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide. Subtitle B: North Korea Threat Reduction - North Korea Threat Reduction Act of 1999 - Prohibits any agreement for cooperation between the United States and North Korea, or issuance of a license for the export, or approval for the transfer or retransfer, to North Korea of any nuclear material, facilities, goods, services, or technology that would be subject to such agreement, until the President determines and reports to specified congressional committees that North Korea has come into full compliance with the Agreed Framework and other specified nuclear nonproliferation agreements, has permitted the International Atomic Energy Agency full access to certain nuclear sites and material, does not have uranium enrichment or nuclear reprocessing facilities, and does not have nuclear weapons and is making no effort to acquire them. Subtitle C: People's Republic of China - Earmarks specified funds for FY 2001 for the support of additional personnel in U.S. Embassies in Beijing and Kathmandu, as well as the American consulates in Guangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, China, in order to monitor political and economic conditions there, including the respect for internationally recognized human rights. (Sec. 873) Establishes the Prisoner Information Registry for the People's Republic of China which shall provide information on all political prisoners, prisoners of conscience, and prisoners of faith in China. Makes funds available to nongovernmental organizations for such monitoring activities. Title IX: Arrears Payments and Reform - Subtitle A: General Provisions - United Nations Reform Act of 1999 - Defines terms. Subtitle B: Arrearages to the United Nations - Authorizes appropriations for FY 1999 and 2000 only for the payment of arrearages in assessed contributions to the UN for: (1) the U.S. share of assessments for the regular UN budget; (2) the U.S. share of UN peacekeeping operations; (3) the U.S. share of UN specialized agencies; and (4) the U.S. share of other international organizations. (Sec. 913) Authorizes the President to forgive or reduce any amount (up to a total of $107 million) owed by the UN to the United States as reimbursement, including any payable under the Foreign Assistance Act of 1961 or the United Nations Participation Act of 1945. (Sec. 921) Authorizes the disbursement of funds under this subtitle only upon submission to Congress of certain certifications concerning: (1) continuing U.S. sovereignty vis-a-vis the UN; and (2) the reform of UN fiscal, budget, and personnel practices, assessments, and peacekeeping operations. Subtitle C: Miscellaneous Provisions - Prohibits the use of funds to pay any arrearage for: (1) the United Nations Industrial Development Organization (UNIDO), including any costs to merge it into the UN; (2) the costs associated with any UN organization from which the United States has withdrawn; or (3) the World Tourism Organization, or any other organization with respect to which Congress has rescinded funding. Division B: Arms Control, Nonproliferation, and Security Assistance Provisions - Arms Control, Nonproliferation, and Security Assistance Act of 1999 - Title XI (sic): Arms Control and Nonproliferation - Arms Control and Nonproliferation Act of 1999 - Subtitle A: Arms Control - Authorizes the Secretary of State to transfer available State Department funds to the DOD, Department of Energy (DOE), or any other agency of the intelligence community, as needed, for retraining, researching, developing, or acquiring technologies or programs relating to the verification of arms control, nonproliferation and disarmament agreements or commitments. Earmarks amounts (Key Verification Assets Fund) for this purpose. (Sec. 1112) Directs the Secretary to designate one of the Assistant Secretaries of State as the Assistant Secretary of State for Verification and Compliance. (Sec. 1113) Amends the Arms Control and Disarmament Act to require a certain annual ("Pell") report by the President to Congress to include: (1) a detailed assessment of adherence of the United States to obligations undertaken in arms control, nonproliferation, and disarmament commitments (including the Missile Technology Control Regime); and (2) a specific identification, to the maximum extent practicable in unclassified form, of each and every question that exists with respect to compliance by other countries with arms control, nonproliferation, and disarmament agreements with the United States. (Sec. 1114) Requires the Director of Central Intelligence to report to the appropriate congressional committees on: (1) a comprehensive identification of all monitoring activities associated with the START and START II treaties; (2) the specific intelligence community assets and capabilities of which the Senate was informed, before giving advice and consent to ratification of the treaties, would be necessary to accomplish those activities; (3) an identification of the extent to which those assets and capabilities have, or have not, been attained or retained, and the corresponding effect this has had upon U.S. monitoring confidence levels; and (4) an assessment of any Russian activities relating to the START Treaty which have had an impact upon the U.S. ability to monitor Russian adherence to the Treaty. (Sec. 1115) Requires the Secretary, upon the request of the chairman or ranking member of specified congressional committees, to report to such committee on the degree to which elements of an arms control, nonproliferation, or disarmament proposal are capable of being verified. (Sec. 1116) Requires, to the maximum extent practicable, the Government to make certain raw seismological data available to the public. (Sec. 1117) Directs the U.S. National Authority, upon the request of the Director of the Federal Bureau of Investigation (FBI), to reimburse the FBI for all costs (up to $2 million) incurred by it in connection with the protection of U.S. companies. (Sec. 1118) Requires the Secretary of State to report to specified congressional committees on the status of any U.S. delegation engaged in negotiations on arms control, nonproliferation, or disarmament. National Security and Corporate Fairness under the Biological Weapons Convention Act - Directs the President to: (1) conduct a series of national security trial investigations and trial visits to develop a compliance protocol to the Biological Weapons Convention that ensures that the compliance procedures of such protocol adequately protect U.S. national security; and (2) report to specified congressional committees with respect to such investigations and trials. Subtitle B: Nuclear Nonproliferation, Safety, and Related Matters - Amends the Nuclear Non-Proliferation Act of 1978 to require certain Federal agencies to notify specified congressional committees with respect to their activities for preventing proliferation, including the proliferation of nuclear, chemical, or biological weapons, or their means of delivery. Requires the Director of Central Intelligence to notify such committees about the current activities of foreign nations which are of significance from the proliferation standpoint. (Sec. 1132) Prohibits the provision of U.S. assistance to any person involved in the research, development, design, testing, or evaluation of chemical or biological weapons for offensive purposes (unless the activity is conducted under certain provisions of the National Security Act of 1947). (Sec. 1133) Directs the Secretary of Energy to report to specified congressional committees with respect to the agreement between the United States and Russia for the disposition of excess weapons plutonium. Expresses the sense of Congress that, whenever the President submits the agreement to establish a mixed oxide fuel fabrication or production facility in Russia, the Secretary should certify specified nonproliferation guaranties to specified congressional committees with respect to such facility. (Sec. 1134) Requires specified Federal agencies to provide Congress with information on their activities to prevent the proliferation of nuclear weapons. (Sec. 1138) Authorizes appropriations from certain nonproliferation foreign operations accounts for science and technology centers in the independent states of the former Soviet Union. (Sec. 1139) Authorizes the use of such funds for certain research and international exchange activities to support the redirection of former Soviet weapons scientists. Title XII: Security Assistance - Security Assistance Act of 1999 - Subtitle A: Transfers of Excess Defense Articles - Amends Federal law to extend through FY 2001 DOD authority to transfer excess defense articles to countries eligible to participate in the Partnership for Peace program and eligible for assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 1211) Amends the Foreign Assistance Act of 1961 to extend through FY 2004 the President's authority to transfer excess defense articles to Greece and Turkey. (Sec. 1212) Authorizes for FY 2000 and 2001 the use of funds made available to DOD for crating, packing, handling, and transportation of excess defense articles to Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, and Uzbekistan. (Sec. 1213) Increases the aggregate value of excess defense articles that can be transferred to eligible countries in a given year. Subtitle B: Foreign Military Sales Authorities - Provides that expenses for termination of foreign military training programs under the Arms Export Control Act (AECA) may include the expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country's termination was not a result of activities beyond default of financial responsibilities. (Sec. 1222) Amends AECA to authorize the sale of excess Coast Guard defense articles and defense services to eligible foreign countries and international organizations. (Sec. 1223) Declares that: (1) direct costs associated with meeting additional or unique requirements of the purchaser shall be an allowable cost under DOD procurement contracts; and (2) loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the DOD for its own use. (Sec. 1224) Applies certain numbered congressional certification requirements with respect to the upgrade of major defense articles, equipment, or services to their direct commercial sale as well. (Sec. 1225) Requires any agreement for the sale or lease of any article on the United States Munitions List entered into by the U.S. Government to state that the U.S. Government retains the right to verify credible reports that such article has not been used as authorized. Subtitle C: Stockpiling of Defense Articles for Foreign Countries - Amends the Foreign Assistance Act of 1961 to increase the maximum value of additions to stockpiles in foreign countries in FY 2000. Makes amounts available for such stockpiles in South Korea and Thailand. (Sec. 1232) Authorizes the President, during a three-year period, to transfer to South Korea and Thailand certain obsolete or surplus defense articles in return for concessions to be negotiated by the Secretary of Defense. Requires the value of such concessions to be at least equal to the fair market value of the transferred items. Requires the President to notify Congress of a proposed transfer, including the identity of the items to be transferred and the concessions to be received. Subtitle D: Defense Offsets Disclosure - Defense Offsets Disclosure Act of 1999 - Declares that it is U.S. policy to monitor the use of offsets in the defense industry (the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services), to promote fairness in international trade, and to ensure an appropriate level of foreign participation in production of U.S. weapons systems. (Sec. 1244) Expresses the sense of Congress that: (1) the executive branch should pursue efforts to address trade fairness by establishing reasonable, business-friendly standards for the use of offsets in international business transactions among U.S. trading partners and competitors; (2) the Secretary of Defense, the Secretary of State, the Secretary of Commerce, and the United States Trade Representatives should raise the need for transparency and reasonable standards with other industrialized nations at every venue; and (3) the U.S. Government should enter into discussions for the establishment of multilateral standards for the control of the use of offsets in international defense trade through the appropriate multilateral fora (like the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World trade Organization), taking into account the distortions produced by the provision of other benefits and subsidies by various countries to support defense trade. (Sec. 1245) Amends AECA to require certain numbered certifications to Congress with respect to any letter of offer to sell (Government-to-Government sale), or license for export (commercial sale), major defense equipment in the amount of $14 million or more, or defense articles or services in the amount of $50 million or more. Requires each numbered certification to include a description of any offset agreement. Treats such information as confidential. (Sec. 1246) Extends to exports of defense articles or services the current prohibition against incentive payments by U.S. suppliers to satisfy any offset agreement with a foreign country to which such articles or services are sold. (Sec. 1247) Establishes a National Commission on the Use of Offsets in Defense Trade to address all aspects of the use of offsets in international defense trade. Requires the Commission to report to the appropriate congressional committees with respect to such offset agreements. (Sec. 1248) Directs the President to initiate, and report to the appropriate congressional committees on, a review to determine the feasibility of establishing, and the most effective means of negotiating, a multilateral treaty on standards for the use of offsets in international defense trade, with a goal of limiting all offset transactions injurious to the U.S. economy. Subtitle E: Automated Export System Relating to Export Information - Proliferation Prevention Enhancement Act of 1999 - Amends Federal law to direct the Secretary of Commerce to publish regulations requiring exporters of items on the U.S. Munitions List or the Commerce Control List to file their Shippers' Export Declarations through an Automated Export System (electronic filing). (Sec. 1253) Expresses the sense of Congress urging exporters (or their agents) who are required to file Shippers' Export Declarations, but are not required under this Act to file them using the Automated Export System, to do so anyway. (Sec. 1254) Requires the Secretary of Commerce to report to the appropriate committees of Congress on: (1) the advisability and feasibility of mandating electronic filing through the Automated Export System for all Shippers' Export Declarations; (2) the manner in which data gathered through the System can most effectively be used by other automated licensing systems administered by Federal agencies; and (3) a proposed timetable for any expansion of information required to be filed through the System. (Sec. 1255) Authorizes the Secretary of State to use funds to employ: (1) up to 40 percent of the individuals who are performing services within the Office of Defense Trade Controls of the Department of State in positions classified at GS-14 and GS-15; and (2) other individuals within the Office at a rate of basic pay that may exceed the maximum rate payable for positions classified at GS-15. Subtitle F: International Arms Sales Code of Conduct Act of 1999 - International Arms Sales Code of Conduct Act of 1999 - Directs the President to attempt through negotiations with other countries (including countries in the United Nations Register of Conventional Arms) to achieve the foreign policy goal of an international arms sales code of conduct that limits, restricts, or prohibits arms transfers to countries that do not observe certain fundamental values of human liberty, peace, and international stability. Subtitle G: Transfer of Naval Vessels to Certain Foreign Countries - Declares that the value of certain naval vessels transferred on a grant basis to another country pursuant to specified authority of the National Defense Authorization Act for Fiscal Year 2000 shall not be counted under the Foreign Assistance Act of 1961 for the limitation on the aggregate value of excess defense articles that can transferred to such country in any fiscal year. Title XIII: Miscellaneous Provisions - Amends the AECA to require a U.S. person to whom a license has been granted to export significant military equipment listed on the U.S. Munitions List to report to the Department of State on all shipment information, including a description of the equipment and the quantity, value, port of exit, end-user, and its destination. Requires the President to include, among other things, a report on all such exports in a certain quarterly unclassified report to Congress. (Sec. 1303) Authorizes the Secretary of State to commence a civil action to recover civil penalties with respect to violations regarding the export of defense articles and services to foreign countries and terrorist supporting countries, instead of imposing certain administrative sanctions. (Sec. 1305) Authorizes the President to consent to the retransfer by the Government of Greece of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial, Inc. Sets forth specified conditions for the granting of the consent. (Sec. 1306) Amends the Foreign Assistance Act of 1961 to require a specified annual report to Congress regarding the export of defense articles (including excess defense articles) and services to foreign countries to specify, among other things, whether such defense articles were furnished with U.S. aid, including through loans and guarantees. (Sec. 1307) Directs the Secretaries of Defense and of State to report jointly to the appropriate congressional committees on all military training provided to foreign military personnel by DOD and the State Department during the previous and current fiscal years. (Sec. 1308) Urges the President to transfer on a grant basis certain excess defense articles to the Government of the Philippines. Authorizes appropriations. (Sec. 1309) Directs the Secretary of State to establish a regulatory regime for the licensing (including expedited approval) for export by U.S. companies of commercial satellites, satellite technologies, and satellite systems to NATO allies and major non-NATO allies. Authorizes appropriations for the Office of Defense Trade Controls of the State Department. (Sec. 1310) Directs the Secretary of State to report to specified congressional committees on the performance of the licensing process under AECA, including recommendations on how to improve it. (Sec. 1311) Directs the Secretary of State to report to the appropriate congressional committees regarding the proliferation of small arms.

Department of the Interior and Related Agencies Appropriations Act, 2000

United States · United States Congress · 17 November 1999

Department of the Interior and Related Agencies Appropriations Act, 2000 - Makes appropriations for the Department of the Interior and related agencies for FY 2000. Title I: Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds. Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to carrying out the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) the Wildlife Conservation and Appreciation Fund; (8) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, and the Rhinoceros and Tiger Conservation Act of 1994; and (9) commercial salmon fishery capacity reduction with respect to Washington State Fraser River sockeye. Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund. Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 2000. Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management and the Offices of the Solicitor and the Inspector General; (7) trust programs for Indians; (8) a pilot program for consolidation of fractional interests in Indian lands by direct expenditure or cooperative agreement; and (9) natural resource damage assessment. Sets forth authorized and prohibited uses of specified funds. (Sec. 107) Prohibits the use of funds provided in this title for specified offshore leasing and related activities. (Sec. 114) Bars the NPS from developing a reduced entrance fee program to accommodate non-local travel through a unit. Authorizes the Secretary of the Interior to provide for and regulate local non-recreational passage through National Park System units, allowing each unit to develop guidelines and permits for activity appropriate to such unit. (Sec. 116) Renames the Steel Industry American Heritage Area the Rivers of Steel National Heritage Area. (Sec. 120) Exempts all properties administered by the NPS at Fort Baker, Golden Gate National Recreation Area and other agreements associated with such properties, from all taxes and special assessments, except sales tax by the State of California and its political subdivisions. (Sec. 123) Requires the renewal of grazing permits and leases which expire or are transferred until the Secretary completes processing, at which time a permit or lease may be canceled, suspended, or modified to meet requirements of applicable laws and regulations. (Sec. 124) Provides that for purposes of reducing the backlog of Indian probate cases in the Department of the Interior, certain hearing requirements under provisions regarding descent and distribution of Indian lands are deemed satisfied by a proceeding conducted by an Indian probate judge appointed by the Secretary without regard to provisions governing competitive service appointments. Permits such appointments to be made only if the Secretary is unable, by January 1, 2000, to secure the services of at least ten qualified administrative law judges. (Sec. 125) Requires the Secretary to make a specified amount available as a loan to the Government of American Samoa. Provides for repayment of the loan with funds payable to American Samoa from the Escrow Account established under the Tobacco Master Settlement Agreement entered into under American Samoa Government v. Philip Morris Tobacco Co., et. al. Sets forth conditions on availability of loan proceeds, including a requirement that American Samoa provide the Secretary with a fiscal and managerial reform plan designed to bring annual government operating expenses into balance with projected revenues for the years 2003 and beyond. Establishes priorities for debt repayments by American Samoa. (Sec. 126) Requires the Secretary, acting through the Director of the Fish and Wildlife Service, to designate Midway Atoll as a national memorial to the Battle of Midway. (Sec. 127) Allows the Secretary to redistribute any Tribal Priority Allocation funds to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies. Bars any tribe from receiving a reduction in such funds of more than ten percent in FY 2000. Makes such percentage limitation inapplicable under circumstances of dual enrollment, overlapping service areas, or inaccurate distribution methodologies. (Sec. 128) Makes funds provided in this Act unavailable for transferring land into trust status for the Shoalwater Bay Indian Tribe in Clark County, Washington, until the tribe and county reach a legally enforceable agreement that addresses the financial impact of new development on the county, school and fire districts, and other local governments and the impact on zoning and development. (Sec. 129) Bars the use of funds provided in this Act to implement specified provisions of the secretarial order entitled "American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act." (Sec. 130) Requires the Secretary to provide a grant, from funds appropriated in the Fiscal Year 1998 Interior and Related Agencies Appropriations Act, to the Fairbanks North Star Borough for acquisition of undeveloped parcels along the banks of the Chena River for purposes of establishing an urban greenbelt within the Borough. Provides for a grant to the municipality of Anchorage for the acquisition of wetlands adjacent to a municipal park (the Jewel Lake Wetlands). (Sec. 132) Directs the Secretary, acting through the BLM Director, to convey specified parcels of public land to Nye County, Nevada, for the construction and operation of the Nevada Science and Technology Center as a nonprofit museum and exposition center. Grants the County the exclusive right to purchase other specified parcels of public land for their fair market value for five years, with the proceeds to be deposited into and made available to the Secretary from a special account established under the Southern Nevada Public Land Management Act of 1998. (Sec. 133) Amends Federal law to grant the city of Mesquite, Nevada, subject to all environmental reviews (including compliance with the National Environmental Policy Act and the Endangered Species Act), the exclusive right to purchase specified parcels of public land for a limited time period. Conveys such lands to the city upon notification of which lands it intends to purchase. Provides for conveyance of additional lands to the city and provides if such lands are not utilized as an airport, they shall revert to the United States. (Sec. 134) Expresses the sense of the Senate with respect to planning for historical exhibits about Saint Croix Island at Red Beach and the town of Calais, Maine. (Sec. 135) Bars the use of funds appropriated for the Department of the Interior by any Act to study or implement any plan to drain Lake Powell or to reduce the water level of the Lake below the range of water levels required for the operation of the Glen Canyon Dam. (Sec. 136) Prohibits the use of funds made available in any Act by a Federal employee or agency to impose or require payment of an inspection fee in connection with the export of shipments of fur-bearing wildlife containing 1,000 or fewer raw, crusted, salted, or tanned hides or fur skins, or separate parts thereof, including species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Makes this provision inapplicable, for the duration of the calendar year in which the shipment occurs, to any person who ships more than 2,500 of such hides, fur skins, or parts during the course of such year. (Sec. 137) Directs the Secretary, during FY 2000, to reorganize and consolidate BIA management and administrative functions based on the recommendations of the National Academy of Public Administration. Provides for voluntary separation incentive payments to BIA employees in Central Office West divisions that are moved due to such recommendations and who voluntarily resign or retire before December 31, 1999. Sets forth additional provisions regarding severance pay and continued health benefits for such employees. (Sec. 141) Prohibits the use of funds made available by this Act to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes until March 15, 2000. (Sec. 142) Amends Federal law to require the authority for the Thomas Paine National Historical Association to establish a memorial to Thomas Paine in the District of Columbia to expire on December 31, 2003. (Sec. 145) Amends the National Park Omnibus Management Act of 1998 to increase to 15 percent the maximum amount of revenues from the sale of national park passports that may be used to administer and promote the passport program and the National Park System. Incorporates provisions similar to those contained in the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) employees of BLM's Helium Operations; and (2) Huron Cemetery in Kansas City, Kansas. Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement; and (8) forest and rangeland research. Defers a certain amount of funds made available for obligation in prior years for Department of Energy (DOE) clean coal technology projects until FY 2001. Makes appropriations for DOE for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) payment to the State of California for the State Teachers' Retirement Fund from the Elk Hills School Lands Fund; (4) energy conservation; (5) economic regulation activities of the Office of Hearings and Appeals; (6) the Strategic Petroleum Reserve; and (7) the Energy Information Administration. Makes appropriations for the Department of Health and Human Services for the Indian Health Service and Indian health facilities. Makes appropriations for: (1) the Office of Navajo and Hopi Indian Relocation; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) the Smithsonian Institution, including amounts for repair and rehabilitation of buildings owned or occupied by the Smithsonian and construction; (4) the National Gallery of Art, including an amount for repair and restoration of facilities owned or occupied by the National Gallery; (5) operations, maintenance, and construction expenses of the John F. Kennedy Center for the Performing Arts; (6) carrying out the Woodrow Wilson Memorial Act of 1968; (7) the National Endowment for the Arts (NEA); (8) the National Endowment for the Humanities; (9) the Institute of Museum and Library Services; (10) the Commission of Fine Arts; (11) national capital arts and cultural affairs; (12) the Advisory Council on Historic Preservation; (13) the National Capital Planning Commission; (14) the Holocaust Memorial Council; and (15) the Presidio trust. Sets forth provisions regarding uses of, and limitations on, funds appropriated under this title. Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements. Incorporates provisions similar to those contained in the Department of Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) the sale of timber from giant sequoias; (2) the underground lunchroom at Carlsbad Caverns National Park; (3) funding for the Americorps program; (4) the bridge between Jersey City, New Jersey, and Ellis Island; (5) patents for mining or mill site claims; (6) competition for watershed restoration project contracts in the Pacific Northwest; and (7) restrictions on NEA grants. (Sec. 317) Bars the use of funds made available in any Act to designate any portion of Canaveral National Seashore in Brevard County, Florida, as a clothing-optional area or area in which public nudity is permitted if such designation would be contrary to county ordinance. (Sec. 326) National Park Service Studies Act of 1999 - Directs the Secretary of the Interior to conduct studies of specified geographical areas and historic and cultural themes to determine the appropriateness of including such areas or themes in the National Park System. Provides for a report to specified congressional committees of study findings and recommendations. (Sec. 331) Requires the Secretary of Agriculture to: (1) implement a pilot program for FY 2000 through 2004 enhancing Forest Service administration of rights-of-way and other land uses; and (2) report to specified congressional committees on whether the use of funds for such program resulted in more expeditious approval of rights-of-way and special use authorizations. Directs the Secretary to deposit fees collected to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to specified Acts. Makes such amounts available to cover costs incurred by the Forest Service for the processing of applications for special use authorizations and monitoring activities in connection with such authorizations. (Sec. 332) Authorizes the Secretary of Agriculture to conduct technology transfer and development, training, dissemination of information, and applied research in the management, processing, and utilization of the hardwood forest resource. Permits the Secretary to operate and utilize assets of the Wood Education and Resource Center in West Virginia as part of a newly formed Institute of Hardwood Technology Transfer and Applied Research. Requires Institute revenues to be deposited in a special Treasury fund known as the Hardwood Technology Transfer and Applied Research Fund. Authorizes appropriations. (Sec. 333) Sets forth requirements for the sale of timber in Region 10 of the Forest Service, including those regarding the volume of western red cedar timber available for processors. (Sec. 336) Prohibits the use of funds appropriated by this Act to propose or issue rules or orders for implementing the Kyoto Protocol. (Sec. 337) Prohibits the Departments of the Interior or Agriculture from expending funds to limit the number or acreage of millsites based on the ratio between the number or acreage of millsites and the number or acreage of associated lode or placer claims with respect to specified grandfathered patent applications and operations for which a plan of operations has been approved or submitted to the BLM or Forest Service. (Sec. 338) Requires the Forest Service to review Forest Service campground concessions policy to determine if modifications can be made to Forest Service contracts for campgrounds so that such concessions are exempted from the Service Contract Act. Requires the Forest Service to offer such exemptions in FY 2000. (Sec. 339) Directs the Secretary of Agriculture to implement a pilot program to charge and collect at least the fair market value for forest botanical products (vegetation, excluding trees, that grows on National Forest System lands) harvested on such lands. Requires the Secretary to conduct analyses to determine whether and how the harvest of such products on such lands can be conducted on a sustainable basis. Prohibits harvesting of such products at levels exceeding sustainable harvest levels as defined in the Multiple-Use Sustained-Yield Act of 1960. (Sec. 342) Authorizes increases in recreation residence fees, with a specified ceiling. (Sec. 343) Redesignates the Blackstone River Valley National Heritage Corridor and Commission as the John H. Chafee Blackstone River Valley National Heritage Corridor and Commission, respectively. (Sec. 345) Amends the National Forest-Dependent Rural Communities Economic Diversification Act of 1990 to change references to "rural forestry and economic diversification action teams" to "rural natural resources and economic diversification action teams." Requires action plans under such Act to identify opportunities to enhance local economies dependent on National Forest System land resources (currently, national forest resources). Changes references in such Act to "forest resources" and "national forest resources" to "natural resources" and "National Forest System land resources," respectively, in provisions regarding action plan implementation, training and education, and loans to economically disadvantaged rural communities. (Sec. 346) Amends the Interstate 90 Land Exchange Act of 1998 to require title to certain lands offered to the United States by the Plum Creek Timber Company to be placed in escrow by Plum Creek for a three-year period. Bars Plum Creek from undertaking any activities on such lands, except for fire suppression and road maintenance, during the escrow period without the approval of the Secretary of Agriculture. Conditions conveyance of selected lands by the United States to Plum Creek upon placement in escrow of the title of such lands. Removes certain lands from the list of selected lands and provides measures for equalizing values of offered and selected lands. (Sec. 347) Adjusts the boundary of the Snoqualmie National Forest in Washington. Considers such boundary to be the boundary of the Forest as of January 1, 1965, for purposes of allocation of Land and Water Conservation Fund monies for Federal purposes under the Land and Water Conservation Fund Act of 1965. (Sec. 348) Amends the Food Security Act of 1985 to make certain provisions regarding confidentiality of information applicable to a forest inventory and analysis under the Forest and Rangeland Renewable Resources Research Act of 1978. (Sec. 350) Provides that, upon the joint motion of the United States and the State of Alaska and the issuance of an appropriate order by the U.S. District Court for the District of Alaska, any portion of the joint trust funds (including interest) received or to be received by the United States and Alaska pursuant to the Agreement and Consent Decree issued in United States v. Exxon Corporation, et al. and State of Alaska v. Exxon Corporation, et al. may be deposited in the Natural Resource Damage Assessment and Restoration Fund, accounts outside the U.S. Treasury, or both. Sets forth requirements regarding outside accounts. Makes remaining settlement funds available for habitat protection programs, marine research, monitoring, and restoration other than habitat acquisition. Terminates the authority provided by this section on September 30, 2002, unless the Federal and State natural resource trustees for the Exxon Valdez oil spill have reported to Congress a structure that would be most effective for the administration and expenditure of remaining funds and interest. Provides for the return of monies in the Fund or outside accounts to the Court Registry upon expiration of such authority. (Sec. 351) Makes BLM funds available for high priority projects carried out by the Youth Conservation Corps or related partnerships in order to increase the number of summer jobs available for youth on Federal lands. (Sec. 352) Amends the Department of the Interior and Related Agencies Appropriations Act, 1998 to remove a sunset provision regarding the Environmental Improvement and Restoration Fund. (Sec. 353) Prohibits the use of funds in this Act by the Secretary of the Interior to issue a prospecting permit for hardrock mineral exploration on Mark Twain National Forest land in the Current River-Jack's Fork River Eleven Point Watershed. (Sec. 357) Bars the use of funds in any Act by the Secretary of the Interior to promulgate final rules to revise regulations regarding surface management, except final rules to amend such regulations which are not inconsistent with the recommendations contained in the National Research Council report entitled "Hardrock Mining on Federal Lands" so long as these regulations are also not inconsistent with statutory authorities. Title IV: Mississippi National Forest Improvement Act of 1999 - Mississippi National Forest Improvement Act of 1999 - Authorizes the Secretary of Agriculture to sell or exchange U.S. right, title, and interest in and to specified lands in Mississippi. Makes proceeds from such sales or exchanges available for: (1) the construction of a research laboratory and office at the Forest Service administrative site at Mississippi State University at Starkville, Mississippi; (2) the acquisition, construction, or improvement of administrative facilities in connection with National Forest System units in the State; and (3) the acquisition of lands and interests in land for such units in the State. (Sec. 404) Authorizes the Secretary to acquire all right, title, and interest in land owned by the University of Mississippi within or near the boundaries of the De Soto National Forest in Stone, George, and Jackson Counties, Mississippi. (Sec. 405) Ratifies a 1999 agreement entered into between the Secretary, the State of Mississippi, and the Franklin County School Board that provides for the Federal acquisition of State-owned land for the construction of the Franklin Lake Dam. (Sec. 408) Authorizes appropriations to carry out this Act. Title V: United Mine Workers of America Combined Benefit Fund - Transfers a specified amount of interest credited to the Abandoned Mine Reclamation Fund to the United Mine Workers of America Combined Benefit Fund to pay the amount of any shortfall in any premium account for any plan year under the Combined Fund. Title VI: Priority Land Acquisitions and Land Exchanges - Makes available a specified amount from the Land and Water Conservation Fund for priority land acquisitions, land exchange agreements, and other activities consistent with the Land and Water Conservation Fund Act of 1965.

Making miscellaneous appropriations for the fiscal year ending September 30, 1999, and for other purposes.

United States · United States Congress · 17 November 1999

Title I: Emergency Supplemental Appropriations - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for the Department of Agriculture for: (1) the Farm Service Agency for the Agricultural Credit Insurance Fund program account and the Emergency Conservation Program; (2) the Commodity Credit Corporation Fund for crop loss, specialty crop, and livestock assistance; (3) the Natural Resources Conservation Service for Watershed and Flood Prevention Operations; and (4) the Rural Housing Service for the Rural Housing Insurance Fund program account and for rural housing assistance grants. Requires the Secretary of Agriculture to provide up to $20 million in assistance under the noninsured crop assistance program under the Agricultural Market Transition Act, without any requirement for an area loss, to producers located in a county with respect to which a natural disaster was declared by the Secretary or a major disaster or emergency was declared by the President. (Sec. 103) Makes a specified amount of funds made available for market loss assistance under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 available to carry out livestock mandatory reporting provisions of such Act. Makes a specified amount of funds for market loss assistance under such Act and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 available for producers or first-handlers for the 1999 crop of cottonseed and for the program under this Act to expand the domestic use of U.S.-produced extra long staple cotton. Amends the Agricultural Market Transition Act to require the Secretary of Agriculture, from October 1, 1999, to July 31, 2003, to carry out a program to maintain and expand the domestic use of U.S.-produced extra long staple cotton to increase exports of such cotton and to ensure that it remains competitive in world markets. Directs the Secretary to make payments available to domestic users of U.S.-produced extra long staple cotton and exporters of such cotton who enter into an agreement with the Commodity Credit Corporation to participate in the program whenever: (1) for a consecutive four-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to U.S. quality and location and for other factors affecting its competitiveness) is below the prevailing U.S. price for a competing growth of such cotton; and (2) the lowest priced competing growth of such cotton (adjusted to the factors described above) is less than 134 percent of the loan rate for such cotton. Chapter 2: Federal Emergency Management Agency Disaster Relief - Makes a limited amount of funds available from unobligated balances for Federal Emergency Management Agency (FEMA)disaster relief under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 for the buyout of homeowners (or relocation of structures) for principal residences that have been made uninhabitable by flooding caused by Hurricane Floyd and surrounding events and are located in a 100-year floodplain. Sets forth conditions regarding such buyouts. Requires the FEMA Director to report to Congress on the feasibility and justification of reducing buyout assistance to those who fail to purchase and maintain flood insurance. Title II: Other Appropriations Matters - Amends the Federal Crop Insurance Act to extend a revenue insurance pilot program through crop year 2001. Authorizes any pilot program under such Act that was approved by the Board of Directors of the Federal Crop Insurance Corporation before September 30, 1999, to be offered on a regional, whole State, or national basis for the 2000 and 2001 crop years. (Sec. 208) Appropriates an additional amount of funds for rural development programs to repair damage to the Tillamook Railroad caused by flooding and high winds. (Sec. 211) Repeals provisions of the Agricultural Adjustment Act of 1938 regarding the release of tobacco production and marketing information. (Sec. 212) Amends the Small Business Reauthorization Act of 1997 to add the Departments of Commerce, Justice, and State to the list of agencies initially involved in a program to provide Federal contracting assistance to HUBZone small business concerns. (Sec. 213) Amends the Communications Act of 1934 to repeal a requirement that the Federal Communications Commission (FCC) not commence bidding for commercial licenses for certain reallocated frequency spectrum until after January 1, 2001. Directs the FCC to initiate such bidding on this Act's enactment date and to ensure that all proceeds of such bidding are deposited no later than September 30, 2000. Provides for the expedited assignment of such frequencies. Requires at least seven days' public notice prior to the granting of an application for an instrument of authorization for any such frequency. Requires reports from the Office of Management and Budget (OMB) Director and the FCC with respect to such bidding process. Repeals similar provisions of the Department of Defense Appropriations Act, 2000. (Sec. 214) Amends the Department of Defense Appropriations Act, 2000 to make a certain provision regarding progress payments applicable only with respect to billings received during the last month of the fiscal year. (Sec. 215) Amends such Act to revise provisions regarding adjustments in payment procedures to ensure that payments are made no earlier than one day before the date on which the payments would otherwise be due under any other provision of law (currently, no less than 29 days after receipt of a proper invoice). Makes this provision effective only with respect to invoices received during the last month of the fiscal year. (Sec. 216) Directs the Office of Net Assessment of the Department of Defense and the United States Pacific Command, through the Under Secretary of Defense (Policy), to report to Congress addressing certain issues relating to the military balance between Taiwan and the People's Republic of China. (Sec. 217) Requires the Secretary of Defense, jointly with the Secretary of Veterans Affairs, to report to Congress on the adequacy of medical research activities currently underway or planned to commence in FY 2000 to investigate the health effects of low-level chemical exposures of Persian Gulf military forces while serving in the Southwest Asia theater of operations. (Sec. 218) Appropriates a specified amount to the Department of the Army to meet readiness needs. (Sec. 220) Prohibits the imposition of a financial responsibility requirement on the Federal Government or its contractors as to the operation of any federally-owned or -operated waste management facility designed to manage transuranic waste material that is subject to regulation by the Solid Waste Disposal act or by a State program authorized under such Act. (Sec. 222) Appropriates a specified amount of funds to the Department of the Interior from the Land and Water Conservation Fund for acquisition of lands in the Wertheim National Wildlife Refuge. (Sec. 223) Provides a payment to Virginia C. Chafee, widow of the late Senator John H. Chafee. (Sec. 225) Makes a specified amount available from the Mass Transit Account of the Highway Trust Fund for buses and bus facilities in Minnesota, California, Nebraska, and Alaska. (Sec. 226) Prohibits the use of funds available in any Act to decommission or reduce operations of U.S. Coast Guard WYTL harbor tug boats. (Sec. 231) Amends Federal transportation provisions regarding the operation of certain aircraft not in compliance with stage 3 noise levels to authorize an air carrier operating Stage 2 aircraft with respect to certain Hawaiian operations to transport such aircraft to or from the 48 contiguous States on a non-revenue basis in order to perform certain maintenance or other operations. Directs the Secretary of Transportation to permit a person to operate, after December 31, 1999, a Stage 2 aircraft in nonrevenue service through U.S. airspace or to or from an airport in the contiguous 48 States in order to: (1) sell, lease, or use the aircraft outside the 48 contiguous States; (2) scrap the aircraft; (3) obtain modifications to the aircraft to meet Stage 3 noise levels; (4) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the 48 contiguous States; (5) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor; (6) prepare or park or store the aircraft in anticipation of the activities listed above; or (7) divert the aircraft to an alternative airport in such States on account of safety reasons while conducting a flight in order to perform any of the activities listed above. Bars the use of funds in any Act to implement or enforce Stage 3 noise limitations for aircraft operating under an experimental airworthiness certification issued by the Department of Transportation. (Sec. 232) Makes additional amounts available for FY 2001 through 2003 for the Federal Railroad Administration for expenses for engineering, design, and construction to enable the James A. Farley Post Office in New York City to be used as a train station and commercial center. (Sec. 233) Amends the Federal Property and Administrative Services Act of 1949 to extend until July 31, 2000, certain authority to transfer surplus Government property required for correctional facility use as needed by States, localities, and territories for law enforcement or emergency management response purposes. (Sec. 236) Amends the Federal Reports Elimination and Sunset Act of 1995 to make May 15, 2000, the termination date for certain Federal reporting requirements. (Currently, such requirements expire four years after such Act's enactment.) (Sec. 237) Appropriates additional funds to the Office of National Drug Control Policy for a grant to the U.S. Olympic Committee for its anti-doping program. (Sec. 238) Amends Federal law to change the Executive Schedule classification of the Commissioner of Customs from Level IV to Level III. (Sec. 240) Appropriates an additional amount for salaries and expenses of the Secret Service. (Sec. 241) Amends the Government Management Reform Act of 1994 to extend OMB's authority to adjust the frequency and due dates of, or consolidate, certain Federal reports. (Sec. 242) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 to decrease the amount available for individual grants for targeted economic investments. Title III: Fiscal Year 2000 Offsets and Rescissions - Rescinds .38 percent of the discretionary budget authority provided (or obligation limit imposed) for FY 2000 in any Act for each Federal agency. Prohibits: (1) any Federal program from being reduced by more than 15 percent; or (2) any reduction from being taken from any military personnel account. Applies the reduction for the Department of Defense and Department of Energy defense activities proportionately to all defense accounts. (Sec. 302) Amends the Federal Reserve Act to require the transfer of a specified amount in FY 2000 from the surplus funds of the Federal reserve banks to the general fund of the Treasury. Prohibits any such bank from replenishing its surplus by the amount of the transfer. (Sec. 303) Amends provisions of the Social Security Act regarding the Federal Parent Locator Service to provide for disclosure to the Secretary of Education of certain information in the National Directory of New Hires on individuals who are in default on certain loans or owe obligations to refund overpayments of grants made under the Higher Education Act. Establishes conditions on such disclosure, including that priority be given to support collection over collection of such loans or grants and that such information be used only for collecting debt owed by individuals whose annualized wage level exceeds $16,000. Permits such information to be used only for collection purposes. Title IV: Canyon Ferry Reservoir, Montana - Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (the Act) to revise provisions regarding the conveyance of Bureau of Reclamation properties near the Canyon Ferry Reservoir in Montana. Removes a provision that requires disputes over fair market values to be resolved in accordance with specified Federal regulations. Requires the appraisal of properties under such provisions to be based on the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau. Directs the contract appraisers that conducted the original appraisal having such effective date of valuation to make modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin site lots. Provides for adjustments to the updated appraisal based on changes in property characteristics. Authorizes periodic updates of the fair market values through appropriate market analyses, subject to the approval of the Canyon Ferry Recreation Association (CFRA) and the Secretary of the Interior. Grants the Bureau and the 265 Canyon Ferry cabin owners the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions used by the appraisers in arriving at the fair market values derived in the original appraisal. Requires the original appraisal to remain valid for use by the Bureau in the sale process for a period of at least three years from the date of completion of the updated appraisal. Grants nonpurchasing lessees the right to continue leasing through August 31, 2014. Permits such lessees to close under the terms of the sale at any time before such date. Removes all personal property and improvements, on termination of the lease either by expiration or by violation of lease terms, and requires the cabin site to remain in Federal ownership. Requires the Secretary to close on the property and prepare all other properties for closing within 45 days if no one (including CFRA) bids for a property. Directs CFRA and the lessees to purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 36 months (currently, 12 months) after title to the first property is conveyed by the Secretary to a lessee. Requires the Secretary to allocate all funding necessary to conduct the sales process for the sale of property under the Act. Directs the Secretary to begin: (1) preparing for the sales process on enactment of the Act; and (2) conveying the property not later than one year after the Act's enactment. (Sec. 403) Requires the Montana Fish and Wildlife Conservation Trust, acting through the trust manager, to enter into a legally enforceable Recreation Trust Agreement with CFRA. Requires the Agreement to provide that: (1) the Trust shall loan up to $3 million of a property's sale proceeds to CFRA; (2) CFRA shall deposit such borrowed funds in the Canyon Ferry-Broadwater County Trust; (3) CFRA and the individual purchasers shall repay loan principal to the Trust as soon as practicable in accordance with a loan agreement repayment schedule; and (4) CFRA and the purchasers shall make an annual interest payment (at a rate between six and eight percent) on the outstanding loan principal. Prohibits the trust manager, except as otherwise provided, from disbursing any Trust funds until August 1, 2001, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded. Bars any closing of property until the Recreation Trust Agreement is entered into. (Sec. 404) Prohibits any closing of property until CFRA and Broadwater County enter into a legally enforceable agreement concerning contributions to the Trust. Provides that such agreement shall require that CFRA ensure that $3 million is deposited in the Canyon Ferry-Broadwater County Trust by August 1, 2001. (Current law prohibits any sale of property before such amount is deposited as the initial corpus of such trust.) Title V: International Debt Relief - Directs the President, subject to the availability of amounts provided in advance in appropriations Acts, to cancel amounts owed (as a result of loans made or credits extended before June 20, 1999) to the United States (or any Federal agency) by any country eligible for debt reduction (a country that is performing satisfactorily under a social and economic reform program, and meeting other specified conditions). Urges the President to seek to leverage scarce foreign assistance and give priority to heavily indebted poor countries with demonstrated need and the capacity to use such relief effectively. Makes ineligible for debt cancellation any country that: (1) has an excessive level of military expenditures; (2) has repeatedly provided support for acts of international terrorism; (3) is failing to cooperate on international narcotics control matters; or (4) engages in a consistent pattern of gross violations of internationally recognized human rights. Authorizes appropriations. (Sec. 501) Directs the President to report annually to specified congressional committees with regard to debt cancellation under this title. (Sec. 502) Amends the International Financial Institutions Act to urge the President, in order to accelerate multilateral debt relief and promote human and economic development and poverty alleviation in heavily indebted poor countries, to commence efforts to make specified modifications to the Heavily Indebted Poor Countries (HIPC) Initiative, including to require: (1) a country that is otherwise eligible to receive debt cancellation under the Initiative to implement certain social and economic reforms, support the reduction of poverty, and promote citizen participation in economic policy decisions; and (2) the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank) to complete a debt sustainability analysis by December 31, 2000, and determine eligibility for debt relief for as many of the countries under the modified Initiative as possible. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors at the World Bank and the IMF to use the U.S. vote to promote the establishment of poverty reduction strategies that similarly support programs of countries to reduce poverty. (Sec. 503) Amends the Bretton Woods Agreements Act to authorize the Secretary to instruct the U.S. Executive Director at the IMF to vote to: (1) approve an arrangement whereby the IMF sells to a member, and immediately accepts payment in such gold to satisfy the member's existing repurchase obligations (thus retaining IMF ownership of), a quantity of its gold at prevailing market prices, and uses the earnings on the investment of the profits of such sales for the purpose of providing debt relief to eligible countries under the modified HIPC Initiative; and (2) support termination of the Special Contingency Account 2 (SCA-2) of the IMF so that SCA-2 funds will become available to the poorest countries. (Sec. 504) Directs the Secretary to instruct the U.S. Executive Director at the IMF to use the U.S. vote to urge the IMF to publish its operational budgets quarterly. Directs the Secretary to report quarterly to specified congressional committees on costs and benefits of the United States for participation in the IMF. Directs the Secretary to instruct the U.S. Executive Director at the IMF to use the U.S. vote to urge the IMF to continue to forgo reimbursements of its expenses incurred in administering the Enhanced Structural Adjustment Facility until the HIPC Initiative is terminated. Amends the Bretton Woods Agreements Act with respect to certain IMF actions needing congressional approval to prohibit the President from approving the disposition of IMF gold (currently, disposition of more than 25 million ounces of IMF gold) unless the Secretary certifies to Congress that it is necessary for the IMF to restitute gold to its members, or for the IMF to provide liquidity that will enable it to meet member country claims or to meet threats to the stability of the international financial system. Repeals the requirement of prior congressional authorization for presidential approval of the establishment of any additional trust fund whereby IMF resources would be used for the special benefit of a single IMF member, or of a particular segment of IMF membership. Directs the U.S. Comptroller General to report annually to Congress on the extent to which IMF practices are consistent with U.S. policies. Title VI: Survivor Benefits - Directs the Secretary of the Treasury to pay a specified amount to the survivors of 14 military personnel and one civilian Federal employee who were killed on April 14, 1994, when U.S. F-15 fighter aircraft mistakenly shot down two UH-60 Black Hawk helicopters in Iraq. Limits attorney's fees in connection with such survivor claims. Title VII: Miscellaneous Provisions - Naturalizes Petra Lovetinska as a U.S. citizen. (Sec. 702) Amends the Trade Act of 1974 to authorize appropriations: (1) to the Departments of Labor and of Commerce through FY 2001 for trade adjustment assistance (TAA) for workers and firms, respectively, that have been adversely affected by import competition; and (2) for TAA for training of such workers under the North Atlantic Free Trade Agreement (NAFTA) transitional program. Postpones termination of the TAA programs until the end of FY 2001.

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000

United States · United States Congress · 17 November 1999

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 - Title I: Export and Investment Assistance - Makes appropriations for FY 2000 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans and credit and insurance programs, including administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 2000 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) child survival and disease programs, including basic education programs (earmarking $35 million only for the HIV-AIDS programs requested under this heading in House Document 106-101); (3) specified development assistance (allowing availability of limited amounts for the Inter-American Foundation and the African Development Foundation); (4) specified projects aimed at reunification of Cyprus; (5) specified assistance for Lebanon for scholarships and direct support to the American educational institutions there; (6) democracy and humanitarian activities in Burma; (7) international disaster assistance; (8) micro and small enterprise development programs; (9) the cost and administrative expenses related to guaranteed loans for the urban and environmental credit program; (10) direct loans and loan guarantees under the development credit authority program for development assistance to foreign countries, including Eastern Europe and the Baltic States; (11) the Foreign Service Retirement and Disability Fund; (12) operating expenses of AID and the AID Office of Inspector General; (13) Economic Support Fund (ESF) assistance (earmarking amounts for Israel, Egypt, Jordan, and East Timor and to support victims of and programs related to the Holocaust and for nongovernmental organizations located outside of the People's Republic of China to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities there); (14) the International Fund for Ireland; (15) ESF assistance for Eastern Europe and the Baltic States (earmarking amounts for Kosova and Bosnia and Herzegovina, subject to specified conditions); (16) assistance for the Independent States of the former Soviet Union (subject to specified conditions, and earmarking amounts for the Russian Far East, Ukraine, Georgia, Armenia, Mongolia, the Southern Caucasus (especially the areas of Abkhazia and Nagorno-Karabagh), and for salaries and expenses to carry out the Russian Leadership Program, and maternal and neo-natal health activities in the Independent States of the former Soviet Union); (17) the Peace Corps (with a bar on the use of such funds for abortions); (18) international narcotics control and law enforcement; (19) migration and refugee assistance; (20) the Emergency Refugee and Migration Assistance Fund; (21) nonproliferation, anti-terrorism, demining, and related programs and activities (including U.S. contributions to the International Atomic Energy Agency (IAEA), the Korean Peninsula Energy Development Organization (KEDO), subject to specified conditions, the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and the Nonproliferation and Disarmament Fund); (22) the Department of the Treasury international affairs technical assistance program; (23) debt restructuring of concessional loans, guarantees, and credits made to eligible countries; and (24) the United States Community Adjustment and Investment Program. Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government; and (3) any activity that is in contravention to the Convention on International Trade in Endangered Species of Flora and Fauna (CITES). Prohibits funds to Russia unless the Secretary of State certifies to the Committees on Appropriations that Russian peacekeepers deployed in Kosova have not established a separate zone of operational control and are operating under the North Atlantic Treaty Organization (NATO) unified command. Withholds 50 percent of the funds allocated for the Government of the Russian Federation until the President certifies to the Committees on Appropriations that it has terminated arrangements to provide Iran with technology to develop a nuclear program or ballistic missile capability. Title III: Military Assistance - Makes appropriations for FY 2000 for: (1) expanded international military education and training (IMET) to Indonesia and Guatemala; (2) foreign military financing grants and direct loans (earmarking amounts for Israel, Egypt, Jordan, Tunisia (including drawdowns of defense articles and services), and Ecuador); and (3) international peacekeeping operations (subject to certain conditions). Declares that none of the funds appropriated under this heading may be made available to support grant financed military education and training at the School of the Americas unless the Secretary of Defense certifies that the instruction and training provided by the School is fully consistent with training and doctrine, particularly with respect to the observance of human rights, provided by the Department of Defense to U.S. military students at Department of Defense institutions whose primary purpose is to train U.S. military personnel. Requires the Secretary of Defense to report to a specified congressional committee by January 15, 2000, on the School's training activities and a general assessment regarding the performance of its graduates during 1997 and 1998. Prohibits foreign military financing for: (1) Sudan, Liberia, and Guatemala; or (2) any non-NATO country participating in the Partnership for Peace Program except through the regular notification procedures of the Committees on Appropriations. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 2000 for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) the International Development Association (IDA); (3) the Multilateral Investment Guarantee Agency; (4) the Inter-American Investment Corporation; (5) the Inter-American Development Bank; (6) the Asian Development Bank; (7) the Asian Development Fund; (8) the African Development Bank; (9) the African Development Fund; and (10) the European Bank for Reconstruction and Development. Makes appropriations for FY 2000 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds for the United Nations Fund for Science and Technology, KEDO, or the IAEA. Title V: General Provisions - Sets forth limits on the use of appropriations, including that no more than 15 percent of such appropriations shall be obligated during the last month of availability. (Sec. 502) Prohibits: (1) the use of funds for bilateral funding of international financial institutions; and (2) the transfer of such funds by AID directly to such an institution for the purpose of repaying a foreign country's loan obligations to it. (Sec. 503) Sets forth limits on the use of appropriations, including no more than specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID, and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the use of funds for entertainment expenses of the Peace Corps, and of entertainment and representation allowances under the Foreign Military Financing Program. (Sec. 506) Prohibits the use of funds for: (1) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (2) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (3) assistance to any country whose duly elected head of government is deposed by military coup or decree; (4) certain transfers between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan (except for any narcotics-related assistance for Colombia, Bolivia, and Peru); and (6) assistance (except in certain circumstances) for production of any commodity for export by a foreign country, if the commodity is likely to be in surplus on world markets when the resulting productive capacity is expected to become operative, and if the assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Declares that funds appropriated for foreign operations, export financial, and related programs, that are returned or not made available for international organizations and programs shall remain available for obligation until FY 2001. (Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a Government of such an Independent State, unless such Government is making progress in implementing comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and equitable treatment of foreign private investment. Prohibits the availability of assistance also: (1) if such a Government applies or transfers U.S. assistance to any entity for the purpose of expropriating or seizing ownership of assets, investments, or ventures (unless the President determines such assistance is in the national interest); (2) if such a Government directs action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union; or (3) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs). (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 519) Limits to no more than five percent the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another, with no appropriation being increased by more than 25 percent by such transfer. (Sec. 520) Prohibits the use of funds for Colombia, Haiti, Liberia, Pakistan, Panama, Serbia, Sudan, or the Democratic Republic of Congo, except through the regular notification procedures of the Committees on Appropriations. (Sec. 522) Makes funds available to AID for child survival, basic education, infectious disease activities and Acquired Immune Deficiency Syndrome (AIDS) research and control in developing countries. (Sec. 523) Bars funding for indirect assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to the U.S. national security interest. (Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 526) Authorizes the availability of ESF funds to provide general support and grants for nongovernmental organizations located outside China that have as their primary purpose fostering democracy in that country. Earmarks ESF funds to the Robert F. Kennedy Memorial Center for Human Rights for a project to disseminate information and support research about China, and related activities. (Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes the waiver of this prohibition by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations. (Sec. 528) Authorizes the commercial leasing of defense articles (instead of government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 529) Requires all AID contracts and subcontracts to include a clause requiring that U.S. insurance companies have a fair opportunity to bid for insurance when insurance is necessary or appropriate. (Sec. 530) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 531) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for- nature exchanges. (Sec. 532) Directs the Administrator of AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities. (Sec. 533) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule. (Sec. 534) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (Sec. 535) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited. (Sec. 536) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 537) Prohibits the availability of funds under this Act for the Republic of Serbia (except for Kosova or Montenegro or for assistance to promote democratization). (Sec. 538) Declares that funds appropriated under this Act for Afghanistan, Lebanon, Montenegro, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Kosova may be made available notwithstanding any other provision of law. Prohibits the use of funds made available to Cambodia for military or paramilitary purposes. Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs, and subject to the regular notification procedures of the Committees on Appropriations, energy programs aimed at reducing greenhouse gas emissions. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. Authorizes the President to waive certain prohibitions with respect to the Palestine Liberation Organizations (PLO) if the President determines and certifies to Congress that it is in the national interest. (Sec. 539) Expresses the sense of Congress with respect to: (1) immediate public renunciation by the Arab League countries of the boycott of Israel (reinstated in 1997) and of American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 540) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. (Sec. 541) Declares that the restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954. (Sec. 542) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. (Sec. 544) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Earmarks specified amounts to private and voluntary organizations to deal with world hunger abroad. (Sec. 545) Declares that assistance under this Act should make full use of American resources, including commodities, products, and services, to the maximum extent possible. Declares the sense of Congress that, to the greatest extent practicable, all agricultural commodities, equipment, and products purchased with funds made available in this Act should be American- made. Requires Federal agency heads, in providing financial assistance to or entering into any contract with any entity using funds made available in this Act, to notify such entity of this intention. Directs the Secretary of the Treasury to report annually on the efforts of such agency heads and the U.S. directors of international financial institutions in complying with such requirements. (Sec. 546) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member (including costs for attendance of another country's delegation at international conferences). (Sec. 548) Prohibits the provision of funds to a private voluntary organization that fails to provide any document, file, or record necessary to the auditing requirements of AID. (Sec. 549) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the U.S. national interest. (Sec. 550) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 551) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 552) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 553) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes. Extends the U.S. moratorium on the transfer of anti-personnel landmines. (Sec. 554) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 555) Prohibits the obligation of certain funds appropriated for Informational Program activities to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities. (Sec. 556) Declares that direct costs associated with a foreign customer's additional or unique requirements with respect to the sale of defense articles shall continue to be an allowable cost under the Arms Export Control Act. (Sec. 557) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; or (3) any obligation to pay for purchases of U.S. agricultural commodities guaranteed by the Commodity Credit Corporation. Permits the exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the IDA (but not from the World Bank) (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 558) Authorizes the President to engage in certain debt buybacks or sales. Authorizes the sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 559) Urges the President, in providing assistance to Haiti, to place priority on: (1) aggressive action to support the Haitian National Police, including efforts to purge corrupt and politicized elements within the police; (2) steps to ensure that U.S. assisted elections in Haiti are free, fair, and democratic; (3) support for a program to develop an indigenous human rights monitoring capacity; (4) steps to continue privatization of state-owned enterprises; (5) a sustainable agricultural development program; and (6) establishment of an economic development fund for Haiti to provide long-term, low interest loans to U.S. investors and businesses that are committed to doing business there. Directs the President to report to specified congressional committees on the status: (1) of each of the governmental institutions envisioned in the 1987 Haitian Constitution; (2) of the privatization of the major public entities; (3) of the Government of Haiti's efforts to conduct thorough investigations of extrajudicial and political killings; (4) of steps being taken to secure ratification of the maritime counter-narcotics agreements signed October 1997; and (5) of the extent to which domestic capacity to conduct free, fair, and democratic elections has been developed in Haiti. Earmarks a specified percentage of funds appropriated under this Act for bilateral assistance to Latin America and the Caribbean region. (Sec. 560) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1999. (Sec. 561) Prohibits the United States from paying any voluntary contribution to the UN, including the UN Development Program, unless the President certifies to Congress 15 days in advance of such payment that the UN is not engaged in any effort to implement or impose any taxation on U.S. persons in order to raise revenue for itself or any of its specialized agencies. (Sec. 562) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for the civilian-led Haitian National Police and Coast Guard. (Sec. 563) Prohibits the obligation of any appropriations for the PLO unless the President certifies to Congress that it is in the U.S. national security interests. (Sec. 564) Prohibits the use of funds for the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. (Sec. 565) Requires that any agreement between the United States and the Government of Indonesia for the sale of lethal weapons shall state that the United States expects that such items will not be used in East Timor. (Sec. 566) Provides for bilateral and multilateral assistance sanctions (with humanitarian, democratization, and certain infrastructure project exceptions) against countries harboring war criminals indicted with respect to the former Yugoslavia. Prohibits the provision of bilateral assistance for programs in which publicly indicted war criminals are known to have any financial interest or communities that are not in compliance with specified sections of the Dayton Agreement relating to war crimes and the Tribunal. Requires the Secretary of State to report to the appropriate congressional committees on the location, if known, of publicly indicted war criminals, on country, entity and municipality authorities known to have obstructed the work of the Tribunal, and on sanctioned countries, entities, and municipalities. (Sec. 567) Prohibits the use of funds for the Government of the Russian Federation unless the President certifies to specified congressional committees that the Federation has not enacted laws or promulgated executive orders that discriminate against religious minorities in violation of international agreements on human rights and religious freedoms to which it is a party. (Sec. 568) Subjects the availability of funds in this Act to support programs or activities promoting country participation in the Kyoto Protocol to the Framework Convention on Climate Change (FCCC) to the regular notification procedures of the Committees on Appropriations. (Sec. 569) Authorizes for FY 1999 and 2000 the use of DOD funds for crating, packing, handling, and transportation of excess defense articles to countries that are eligible to participate in the Partnership for Peace and that are eligible for assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 570) Bars funds to the Central Government of the Democratic Republic of Congo. (Sec. 571) Earmarks specified foreign assistance funds for Israel, Egypt, Jordan, Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the Multinational Force and Observers, the Middle East Regional Democracy Fund, Middle East Regional Cooperation, and Middle East Multilateral Working Groups. (Sec. 572) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund. (Sec. 573) Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to oppose loans to Cambodia (except loans to support basic human needs). Prohibits the availability of funds under this Act for assistance for the Government of Cambodia. (Sec. 574) Amends the Foreign Assistance Act of 1961 to declare that the prohibition on the use of funds under such Act to provide law enforcement training to foreign governments within the United States or abroad shall not apply with respect to assistance provided to customs personnel for customs law enforcement. (Sec. 575) Directs the Secretaries of Defense and of State to report jointly to Congress on all overseas military training provided to, and proposed to be provided to, foreign military personnel under programs administered by the Defense and State Departments during FY 1999 and 2000. (Sec. 576) Earmarks specified funds for KEDO for administrative expenses and heavy fuel oil costs associated with the Agreed Framework (Joint Declaration on Denuclearization of the Korean Peninsula). Earmarks other amounts to KEDO if the President certifies to Congress that North Korea is complying with the provisions of the Agreed Framework. (Sec. 577) Authorizes investment of funds made available to grantees of the African Development Foundation pending expenditure for project purposes when authorized by the President of the Foundation. (Sec. 578) Bars the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation. (Sec. 579) Authorizes voluntary separation incentive payments to AID employees to eliminate AID positions and functions contained in a mandatory strategic plan outlining such payments. (Sec. 580) Earmarks specified amounts of ESF funds for a political transition in Iraq, Iraqi opposition groups for political, economic, humanitarian, and other activities, and for groups and activities seeking the prosecution of Saddam Hussein and other Iraqi government officials for war crimes. (Sec. 581) Directs AID to submit its annual budgets to the Committees on Appropriations. (Sec. 582) Requires information relevant to the December 2, 1980, murders of four American churchwomen in El Salvador be made public to the fullest extent possible. (Sec. 583) Prohibits the use of funds appropriated under this Act to propose or issue rules, regulations, decrees, or orders for implementation, or in preparation for implementation, of the Kyoto Protocol to the United States Framework Convention on Climate Change, which has not been submitted to the Senate for advice and consent to ratification pursuant to the U.S. Constitution, and which has not entered into force. (Sec. 584) Makes funds available for FY 2000 for defense article stockpiles in foreign countries, including the Republic of Korea and Thailand. (Sec. 585) Amends the 1999 Emergency Supplemental Appropriations Act to extend the pilot Russian Leadership Program at the Library of Congress through FY 2000. (Sec. 586) Abolishes the Inter-American Foundation. (Sec. 587) Directs the Secretary of State, 30 days prior to the initial obligation of ESF funds for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to assure the Comptroller General will have access to appropriate U.S. financial information in order to review the uses of such funds for the Program. (Sec. 588) Earmarks specified amounts of international narcotics control and law enforcement funds for: (1) the Colombia Attorney General's Human Rights Unit; (2) activities of Colombian nongovernmental organizations involved in human rights monitoring; (3) the United Nations High Commissioner for Human Rights to assist the Government of Colombia in strengthening its human rights policies and programs; (4) personnel and other resources to enhance U.S. Embassy monitoring of assistance to the Colombian security forces and responding to reports of human rights violations; and (5) administration of justice programs including support for the Colombia Attorney General's Technical Investigations Unit. (Sec. 589) Makes IMET and foreign military financing program funds available for Indonesia if the President determines and reports to the appropriate congressional committees that the Indonesian government and the Indonesian armed forces are taking specified actions to: (1) bring to justice, and cooperate with investigations and prosecutions of, members of the armed forces and militia groups with respect to human rights violations in Indonesia and East Timor; (2) allow safe passage for refugees returning home to East Timor from West Timor; and (3) not impede the International Force in East Timor (INTERFET). (Sec. 590) Bars the use of appropriated funds under this Act for the UN Man and the Biosphere Program or the UN World Heritage Fund for programs in the United States. (Sec. 591) Declares that the Federal Republic of Yugoslavia (FRY) (except Montenegro or Kosova) shall be deemed a state sponsor of terrorism for purposes of granting U.S. courts jurisdiction to award money damages for personal injury caused to or the death of a U.S. national by an act of terrorism by an official, employee, or agent of FRY. (Sec. 592) Authorizes the President to provide, through appropriate Federal agencies, food assistance to groups engaged in the protection of civilian populations from attacks by Sudanese government forces, associated militias, or other paramilitary groups supported by the Sudan government. Sets forth certain conditions for the provision of such assistance. Requires the President to report to the Committees on Appropriations on U.S. bilateral assistance to opposition-controlled areas of Sudan. (Sec. 593) Requires the Secretary of State to consult with the appropriate congressional committees and leadership of Congress to devise a mechanism to provide for congressional input before making any determination on the nature or quantity of defense articles and services to be made available to Taiwan. (Sec. 594) Authorizes appropriations for the U.S. contributions to the African Development Bank, Inter-American Investment Corporation, the Multilateral Investment Guarantee Agency, the African Development Fund, and the IDA. (Sec. 595) Earmarks for Costa Rica a specified amount of funds from the Central America and the Caribbean Emergency Disaster Recovery Fund. (Sec. 596) Silk Road Strategy Act of 1999 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, border control, and democracy building assistance to promote economic and political independence in the South Caucasus and Central Asia countries. (Sec. 597) Amends the Foreign Assistance Act of 1961 to require that the annual report to Congress on the status of human rights in foreign countries slated to receive development assistance include a list of foreign states where trafficking in persons, especially women and children, originates, passes through, or is a destination, and an assessment of the efforts of such states to combat such trafficking. (Sec. 598) Expresses the sense of Congress that OPIC shall select a fund manager for the purpose of creating a maritime fund consisting of capital of up to $200 million to support international maritime projects. (Sec. 599) Imposes certain economic and political sanctions against Serbia unless the President makes a certain certification with respect to Serbia to specified congressional committees. Exempts the governments of Montenegro and Kosova from such sanctions. (Sec. 599A) Urges the export of U.S. clean coal technology. (Sec. 599B) Urges the use of U.S. assistance for the reconstruction efforts in the FRY to the maximum extent practicable for the procurement of U.S. articles and services. (Sec. 599C) Earmarks a specified amount of international organizations and program funds for the UN Population Fund (UNFPA) (except for any country program in China). Conditions the availability of such funds to UNFPA on specified requirements, including that it does not fund abortions. (Sec. 599D) Earmarks a specified amount of funds for population planning activities or other population assistance. Prohibits the availability of appropriated funds for population activities to any private, nongovernmental, or multilateral organization until it certifies that it will not during the period for which funds are made available: (1) perform abortions in any foreign country, except if the life of the mother would be endangered if the pregnancy were carried to term or in cases of forcible rape or incest; or (2) violate the laws of a foreign country with respect to the circumstances under which abortion is permitted, regulated, or prohibited, or engage in lobbying activities in an effort to alter its laws with respect to abortion (except lobbying in opposition to coercive abortion or involuntary sterilization). Provides for the reduction of such assistance in the event that the President waives such requirements. (Sec. 599E) Amends the Foreign Assistance Act of 1961 to extend through November 1, 2000, OPIC's authority to issue investment insurance and guarantees. Title VI: International Affairs Supplemental Appropriations - Makes supplemental appropriations for FY 2000 for: (1) the ESF (earmarking amounts for Jordan and the West Bank and Gaza); and (2) foreign military financing (earmarking amounts for grants for Israel, Egypt, and Jordan).

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000

United States · United States Congress · 17 November 1999

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the National Center for Complementary and Alternative Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) the Agency for Health Care Policy and Research; (9) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (10) the Administration for Children and Families for family support payments to States; (11) low income home energy assistance; (12) refugee and entrant assistance; (13) the child care and development block grant; (14) the social services block grant; (15) children and families services programs; (16) promoting safe and stable families pursuant to a specified provision of the Social Security Act; (17) payments to States for foster care and adoption assistance; (18) the Administration on Aging; (19) the Office of the Secretary for general departmental management; (20) the Office of Inspector General; (21) the Office for Civil Rights; (22) policy research; (23) retirement pay and medical benefits for Public Health Service commissioned officers; and (24) activities related to countering potential biological, disease, and chemical threats to civilian populations. Rescinds FY 2000 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 209) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 211) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary of HHS denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 212) Amends the Public Health Service Act to require State allotments under block grants for community health services for FY 2000 to be at least the amount the State received for FY 1998. Provides a specified minimum State allotment for FY 2000 under block grants for substance abuse prevention and treatment as well. (Sec. 214) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 2000 the authorization of admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches. Makes September 30, 2000, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status. (Sec. 215) Prohibits the use of funds provided in any Act making FY 2000 appropriations for the implementation in Arizona or in Kansas City, Missouri or Kansas, of the Medicare Competitive Pricing Demonstration Project operated by the Secretary of HHS under the Balanced Budget Act of 1997. (Sec. 217) Directs the Secretary of HHS to study and report to Congress on: (1) the reasons why, and the appropriateness of the fact that, the geographic adjustment factor used in determining the amount of payment for physicians' services under Medicare is less for services provided in New Mexico than for those provided in Arizona, Colorado, and Texas; and (2) the effect that the level of the geographic cost-of-practice adjustment factor has on the recruitment and retention of physicians in small rural States. (Sec. 218) Prohibits funds appropriated by this Act from being used to withhold substance abuse funding from a State pursuant to Public Health Service Act provisions for withholding funds from States that are not in compliance with specified requirements prohibiting the sale of tobacco products to minors if a State certifies to the Secretary of HHS that it will commit additional State funds to ensure compliance with State laws prohibiting such sales. (Sec. 219) Bars the use of funds made available under this title to carry out the transmittal of August 13, 1997 (relating to self-administered drugs), of the Deputy Director of the Division of Acute Care of the Health Care Financing Administration to regional offices of the Administration or to promulgate any regulation or other transmittal or policy directive that imposes or clarifies the imposition of a restriction on the coverage of injectable drugs under Medicare beyond the restrictions applied before the date of such transmittal. Title III: Department of Education - Department of Education Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) reading excellence; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) student financial assistance; (13) the Federal Family Education Loan program account; (14) higher education; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) education research, statistics, and improvement; (19) departmental management; (20) the Office for Civil Rights; and (21) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 306) Amends the Elementary and Secondary Education Act of 1965 to reduce to 35 percent the Federal share available for Even Start family literacy programs in any year after the eighth year of receiving assistance. Removes a provision which limits the receipt of such assistance to a period of eight years. (Sec. 307) Requires the Secretary of Education to restore the eligibility of Jacksonville College in Texas to participate in the Pell Grant program. Directs the College to implement a default management plan satisfactory to the Secretary. (Sec. 310) Allocates amounts appropriated for title VI of the Elementary and Secondary Education Act of 1965. Provides for distribution of funds to local educational agencies (LEAs) for purposes of reducing class size. Authorizes the use of such funds for: (1) recruiting, hiring, and training teachers; (2) testing new teachers for academic content knowledge and to meet State certification requirements; and (3) providing professional development to teachers. Requires States and LEAs to report to parents on progress in reducing class size, increasing the percentage of classes in core academic areas taught by fully qualified teachers who are certified and demonstrate competency in the content areas in which they teach, and the impact that hiring additional highly qualified teachers and reducing class size has had on increasing student academic achievement. Repeals titles III and IV of the Goals 2000: Educate America Act on September 30, 2000. (Sec. 311) Amends the Y2K Act to prohibit punitive damages in a Y2K action from being awarded against an institution of higher education. Makes such prohibition inapplicable to an institution where the Y2K failure occurred in a computer-based student financial aid system of that institution and the institution has passed Y2K data exchange testing with the Department of Education or is not or was not in the process of performing data exchange testing with the Department at the time the Department terminates such testing. (Sec. 312) Amends the Missing, Exploited, and Runaway Children Protection Act to remove a funding provision with respect to a study of school violence. Title IV: Related Agencies - Makes appropriations for FY 2000 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Office of Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (15) U.S. Institute of Peace. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs. (Sec. 506) Sets forth Buy American requirements. (Sec. 508) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend the availability of certain voluntary separation incentives for employees of the Railroad Retirement Board and its Office of Inspector General. (Sec. 516) Amends the United States-Mexico Border Health Commission Act to require the President to appoint the U.S. members of the U.S.-Mexico Border Health Commission and to attempt to conclude an agreement with Mexico providing for the establishment of such Commission. Eliminates a Commission duty to formulate recommendations regarding a method by which the government of one country could reimburse an entity in the other country for the cost of a health care service provided by the entity to a citizen of the first country who is unable to pay for the service. (Sec. 517) Provides that the applicable time limitations with respect to the giving of notice of injury and the filing of a claim for compensation for disability or death under the Federal Employees' Compensation Act for injuries sustained as a result of exposure to a nitrogen or sulfur mustard agent in the performance of official duties as an employee at the Department of the Army's Edgewood Arsenal before March 20, 1944, shall not begin to run until this Act's enactment date. Title VI: Early Detection, Diagnosis, and Interventions For Newborns and Infants With Hearing Loss - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation, and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations. Title VII: Denali Commission - Amends the Denali Commission Act of 1998 to authorize the Secretary of Health and Human Services to make grants to the Denali Commission to plan, construct, and equip demonstration health, nutrition, and child care projects in order to demonstrate the value of adequate health facilities and services to regional economic development. Limits grants for construction or equipment to 50 percent of costs (80 percent for projects located in severely economically distressed communities). Authorizes appropriations. Title VIII: Welfare-To-Work And Child Support Amendments of 1999 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) repeal certain eligibility requirements (thus allowing flexibility in eligibility) for participation of both custodial and noncustodial parents in the welfare-to-work (WtW) program; (2) make vocational educational and job training of up to six months allowable TANF activities; (3) authorize a grantee that is neither a private industry council nor a workforce investment board to provide employment services directly; (4) revise financial and participant information reporting requirements; (5) authorize State agencies to disclose name, address, and telephone information (subject to safeguards) about potential program participants to aid private industry councils in their administration of WtW grant funds; and (6) reduce the set-aside of a portion of WtW funds for performance bonuses. (Sec. 807) Amends SSA title IV part D (Child Support and Establishment of Paternity) to establish an alternative penalty procedure for State disbursement units under which: (1) units that achieve compliance requirements by April 1, 2000, shall have all penalties waived; and (2) units that achieve compliance between April 1, 2000, and September 30, 2000, shall pay no more than one percent of the penalty base with respect to the failure involved.

To amend the Atomic Energy Act of 1954 to remove separate treatment or exemption for nuclear safety violations by nonprofit institutions.

United States · United States Congress · 16 November 1999

Amends the Atomic Energy Act of 1954 pertaining to civil monetary penalties for violations of nuclear safety regulations to repeal: (1) the directive to the Secretary of Energy to determine by rule whether nonprofit educational institutions should receive automatic remission of any such penalties; and (2) the exemption from such penalties granted to designated research institutions.

Export Enhancement Act of 1999

United States · United States Congress · 16 November 1999

Export Enhancement Act of 1999 - Amends the Foreign Assistance Act of 1961 to extend through FY 2003 the Overseas Private Investment Corporation's (OPIC) authority to issue investment insurance and guarantees. (Sec. 3) Revises certain OPIC requirements to prohibit the OPIC Board of Directors from voting in favor of any proposed action likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless: (1) an environmental impact assessment or initial environmental audit has been completed by the project applicant and made available to the Board of Directors; and (2) such assessment or audit has been made available to the U.S. public, locally affected groups in the host country, and host country nongovernmental organizations. Requires OPIC in conjunction with each Board of Directors' meeting to hold a public hearing in order to afford an opportunity for any person to present views regarding OPIC activities. (Sec. 4) Revises the composition of the OPIC Board of Directors. (Sec. 5) Revises the purposes of the Trade and Development Agency to include, with respect to the promotion of U.S. private sector participation in development projects in developing and middle-income countries, special emphasis on economic sectors with significant U.S. export potential, such as energy, transportation, telecommunications, and environment. Directs the Agency to require corporations and other entities to: (1) share the costs of feasibility studies and other project planning services; and (2) reimburse the Agency those funds it has provided, if the corporation or entity concerned succeeds in project implementation. Authorizes appropriations. (Sec. 6) Requires the Trade Promotion Coordinating Committee (TPCC) to: (1) report on actions taken to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; and (4) report to Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities. (Sec. 7) Amends the Export Enhancement Act of 1988 to change the deadline for TPCC annual reports from September 30 to March 30.

Energy and Climate Policy Act of 1999

United States · United States Congress · 16 November 1999

Energy and Climate Policy Act of 1999 - Amends the Energy Policy Act of 1992 to establish within the Department of Energy the Office of Global Climate Change to serve as a focal point for coordinating, for the Secretary and Congress, all departmental issues and policies regarding climate change and related matters. Revises requirements governing a national inventory and voluntary reporting of greenhouse gases. Instructs the Secretary of Energy to: (1) implement a program of giving annual public recognition in the Federal Register to persons and entities demonstrating voluntarily achieved greenhouse gas reductions; and (2) conduct a review of possible changes to the guidelines to improve the accuracy and reliability of greenhouse gas emission reductions.

To strengthen provisions in the Federal Nonnuclear Energy Research and Development Act of 1974 with respect to potential Climate Change.

United States · United States Congress · 16 November 1999

Amends the Energy Policy Act of 1992 to direct the Secretary of Energy to: (1) establish a long-term Climate Technology Research, Development, and Demonstration Program undertaken with selected industry participants in order to facilitate development and commercialization of technologies which will assist in stabilizing, reducing, avoiding, or removing and sequestering global concentrations of greenhouse gases; and (2) submit a ten-year program implementation plan to Congress. Authorizes appropriations. Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to include solutions to the effective long-term management of greenhouse gas emissions as one of the goals of the comprehensive plan for energy research, development, and demonstration (including stabilization, reduction and sequestration).

James John Hoecker, of Virginia, to be a Member of the Federal Energy Regulatory Commission for the term expiring June 30, 2005. (Reappointment)

United States · United States Senate · 9 November 1999

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000

United States · United States Congress · 2 November 1999

TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 - Title I: Export and Investment Assistance - Makes appropriations for FY 2000 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans and credit and insurance programs, including administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 2000 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) child survival and disease programs, including basic education programs (earmarking $35 million only for the HIV-AIDS programs requested under this heading in House Document 106-101); (3) specified development assistance (allowing availability of limited amounts for the Inter-American Foundation and the African Development Foundation); (4) specified projects aimed at reunification of Cyprus; (5) specified assistance for Lebanon for scholarships and direct support to the American educational institutions there; (6) democracy and humanitarian activities in Burma; (7) international disaster assistance; (8) micro and small enterprise development programs; (9) administrative expenses related to guaranteed loans for the urban and environmental credit program; (10) direct loans and loan guarantees under the development credit authority program for development assistance to foreign countries, including Eastern Europe and the Baltic States; (11) the Foreign Service Retirement and Disability Fund; (12) operating expenses of AID and the AID Office of Inspector General; (13) Economic Support Fund (ESF) assistance (earmarking amounts for Israel, Egypt, and Jordan, and to support victims of and programs related to the Holocaust and for nongovernmental organizations located outside of the People's Republic of China to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities there); (14) the International Fund for Ireland; (15) ESF assistance for Eastern Europe and the Baltic States (earmarking amounts for Kosova and Bosnia and Herzegovina, subject to specified conditions); (16) assistance for the Independent States of the former Soviet Union (subject to specified conditions, and earmarking amounts for the Russian Far East, Ukraine, Georgia, Armenia, Mongolia, the Southern Caucasus (especially the areas of Abkhazia and Nagorno-Karabagh), and for salaries and expenses to carry out the Russian Leadership Program, certain expanded nonproliferation and security cooperation programs, and maternal and neo-natal health activities in the Independent States of the former Soviet Union); (17) the Peace Corps (with a bar on the use of such funds for abortions); (18) international narcotics control and law enforcement; (19) migration and refugee assistance; (20) the Emergency Refugee and Migration Assistance Fund; (21) nonproliferation, anti-terrorism, demining, and related programs and activities (including U.S. contributions to the International Atomic Energy Agency (IAEA), the Korean Peninsula Energy Development Organization (KEDO), subject to specified conditions, the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and the Nonproliferation and Disarmament Fund); (22) the Department of the Treasury international affairs technical assistance program; and (23) debt restructuring of concessional loans, guarantees, and credits made to eligible countries, including sub-Saharan African countries. Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government; and (3) any activity that is in contravention to the Convention on International Trade in Endangered Species of Flora and Fauna (CITES). Prohibits funds to Russia unless the Secretary of State certifies to the Committees on Appropriations that Russian peacekeepers deployed in Kosova have not established a separate zone of operational control and are operating under the North Atlantic Treaty Organization (NATO) unified command. Withholds 50 percent of the funds allocated for the Government of the Russian Federation until the President certifies to the Committees on Appropriations that it has terminated arrangements to provide Iran with technology to develop a nuclear program or ballistic missile capability. Title III: Military Assistance - Makes appropriations for FY 2000 for: (1) expanded international military education and training (IMET) to Indonesia and Guatemala; (2) foreign military financing grants and direct loans (earmarking amounts for Israel, Egypt, Jordan, Tunisia (including drawdowns of defense articles and services), and Ecuador); and (3) international peacekeeping operations (subject to certain conditions). Declares that none of the funds appropriated under this heading may be made available to support grant financed military education and training at the School of the Americas unless the Secretary of Defense certifies that the instruction and training provided by the School is fully consistent with training and doctrine, particularly with respect to the observance of human rights, provided by the Department of Defense to U.S. military students at Department of Defense institutions whose primary purpose is to train U.S. military personnel. Requires the Secretary of Defense to report to a specified congressional committee by January 15, 2000, on the School's training activities and a general assessment regarding the performance of its graduates during 1997 and 1998. Prohibits foreign military financing for: (1) Sudan, Liberia, and Guatemala; or (2) any non-NATO country participating in the Partnership for Peace Program except through the regular notification procedures of the Committees on Appropriations. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 2000 for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) the International Development Association (IDA); (3) the Multilateral Investment Guarantee Agency; (4) the Inter-American Development Bank; (5) the Asian Development Bank; (6) the Asian Development Fund; (7) the African Development Fund; and (8) the European Bank for Reconstruction and Development. Makes appropriations for FY 2000 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds for the United Nations Fund for Science and Technology, KEDO, or the IAEA. Title V: General Provisions - Sets forth limits on the use of appropriations, including that no more than 15 percent of such appropriations shall be obligated during the last month of availability. (Sec. 502) Prohibits: (1) the use of funds for bilateral funding of international financial institutions; and (2) the transfer of such funds by AID directly to such an institution for the purpose of repaying a foreign country's loan obligations to it. (Sec. 503) Sets forth limits on the use of appropriations, including no more than specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID, and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the use of funds for entertainment expenses of the Peace Corps, and of entertainment and representation allowances under the Foreign Military Financing Program. (Sec. 506) Prohibits the use of funds for: (1) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (2) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (3) assistance to any country whose duly elected head of government is deposed by military coup or decree; (4) certain transfers between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan (except for any narcotics-related assistance for Colombia, Bolivia, and Peru); and (6) assistance (except in certain circumstances) for production of any commodity for export by a foreign country, if the commodity is likely to be in surplus on world markets when the resulting productive capacity is expected to become operative, and if the assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Declares that funds appropriated for foreign operations, export financial, and related programs, that are returned or not made available for international organizations and programs shall remain available for obligation until FY 2001. (Sec. 517) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a Government of such an Independent State, unless such Government is making progress in implementing comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and equitable treatment of foreign private investment. Prohibits the availability of assistance also: (1) if such a Government applies or transfers U.S. assistance to any entity for the purpose of expropriating or seizing ownership of assets, investments, or ventures (unless the President determines such assistance is in the national interest); (2) if such a Government directs action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union; or (3) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs). (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 519) Limits to no more than five percent the amount of export financing funds (other than for administrative expenses) that can be transferred from one appropriation to another, with no appropriation being increased by more than 25 percent by such transfer. (Sec. 520) Prohibits the use of funds for Colombia, Haiti, Liberia, Pakistan, Panama, Serbia, Sudan, or the Democratic Republic of Congo, except through the regular notification procedures of the Committees on Appropriations. (Sec. 522) Makes funds available to AID for child survival, basic education, infectious disease activities and Acquired Immune Deficiency Syndrome (AIDS) research and control in developing countries. (Sec. 523) Bars funding for indirect assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to the U.S. national security interest. (Sec. 524) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 526) Authorizes the availability of ESF funds to provide general support and grants for nongovernmental organizations located outside China that have as their primary purpose fostering democracy in that country. Earmarks ESF funds to the Robert F. Kennedy Memorial Center for Human Rights for a project to disseminate information and support research about China, and related activities. (Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes the waiver of this prohibition by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations. (Sec. 528) Authorizes the commercial leasing of defense articles (instead of government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 529) Requires all AID contracts and subcontracts to include a clause requiring that U.S. insurance companies have a fair opportunity to bid for insurance when insurance is necessary or appropriate. (Sec. 530) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 531) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for- nature exchanges. (Sec. 532) Directs the Administrator of AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities. (Sec. 533) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule. (Sec. 534) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign ationals who have fled Iraq and Kuwait. (Sec. 535) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited. (Sec. 536) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 537) Prohibits the availability of funds under this Act for the Republic of Serbia (except for Kosova or Montenegro or for assistance to promote democratization). (Sec. 538) Declares that funds appropriated under this Act for Afghanistan, Lebanon, Montenegro, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Kosova may be made available notwithstanding any other provision of law. Prohibits the use of funds made available to Cambodia for military or paramilitary purposes. Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs, and subject to the regular notification procedures of the Committees on Appropriations, energy programs aimed at reducing greenhouse gas emissions. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. Authorizes the President to waive certain prohibitions with respect to the Palestine Liberation Organizations (PLO) if the President determines and certifies to Congress that it is in the national interest. (Sec. 539) Expresses the sense of Congress with respect to: (1) immediate public renunciation by the Arab League countries of the boycott of Israel (reinstated in 1997) and of American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 540) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. (Sec. 541) Declares that the restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954. (Sec. 542) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. (Sec. 544) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Earmarks specified amounts to private and voluntary organizations to deal with world hunger abroad. (Sec. 545) Declares that assistance under this Act should make full use of American resources, including commodities, products, and services, to the maximum extent possible. Declares the sense of Congress that, to the greatest extent practicable, all agricultural commodities, equipment, and products purchased with funds made available in this Act should be American- made. Requires Federal agency heads, in providing financial assistance to or entering into any contract with any entity using funds made available in this Act, to notify such entity of this intention. Directs the Secretary of the Treasury to report annually on the efforts of such agency heads and the U.S. directors of international financial institutions in complying with such requirements. (Sec. 546) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member (including costs for attendance of another country's delegation at international conferences). (Sec. 548) Prohibits the provision of funds to a private voluntary organization that fails to provide any document, file, or record necessary to the auditing requirements of AID. (Sec. 549) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the U.S. national interest. (Sec. 550) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 551) Prohibits the obligation of any appropriations for the PLO for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 552) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 553) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes. Extends the U.S. moratorium on the transfer of anti-personnel landmines. (Sec. 554) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 555) Prohibits the obligation of certain funds appropriated for Informational Program activities to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities. (Sec. 556) Declares that direct costs associated with a foreign customer's additional or unique requirements with respect to the sale of defense articles shall continue to be an allowable cost under the Arms Export Control Act. (Sec. 557) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; or (3) any obligation for a Latin American country to pay for purchases of U.S. agricultural commodities guaranteed by the Commodity Credit Corporation. Permits the exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the IDA (but not from the World Bank) (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 558) Authorizes the President to engage in certain debt buybacks or sales. Authorizes the sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 559) Urges the President, in providing assistance to Haiti, to place priority on: (1) aggressive action to support the Haitian National Police, including efforts to purge corrupt and politicized elements within the police; (2) steps to ensure that U.S. assisted elections in Haiti are free, fair, and democratic; (3) support for a program to develop an indigenous human rights monitoring capacity; (4) steps to continue privatization of state-owned enterprises; (5) a sustainable agricultural development program; and (6) establishment of an economic development fund for Haiti to provide long-term, low interest loans to U.S. investors and businesses that are committed to doing business there. Directs the President to report to specified congressional committees on the status: (1) of each of the governmental institutions envisioned in the 1987 Haitian Constitution; (2) of the privatization of the major public entities; (3) of the Government of Haiti's efforts to conduct thorough investigations of extrajudicial and political killings; (4) of steps being taken to secure ratification of the maritime counter-narcotics agreements signed October 1997; and (5) of the extent to which domestic capacity to conduct free, fair, and democratic elections has been developed in Haiti. Earmarks a specified percentage of funds appropriated under this Act for bilateral assistance to Latin America and the Caribbean region. (Sec. 560) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1999. (Sec. 561) Prohibits the United States from paying any voluntary contribution to the UN, including the UN Development Program, unless the President certifies to Congress 15 days in advance of such payment that the UN is not engaged in any effort to implement or impose any taxation on U.S. persons in order to raise revenue for itself or any of its specialized agencies. (Sec. 562) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for the civilian-led Haitian National Police and Coast Guard. (Sec. 563) Prohibits the obligation of any appropriations for the PLO unless the President certifies to Congress that it is in the U.S. national security interests. (Sec. 564) Prohibits the use of funds for the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. (Sec. 565) Requires that any agreement between the United States and the Government of Indonesia for the sale of lethal weapons shall state that the United States expects that such items will not be used in East Timor. (Sec. 566) Provides for bilateral and multilateral assistance sanctions (with humanitarian, democratization, and certain infrastructure project exceptions) against countries harboring war criminals indicted with respect to the former Yugoslavia. Prohibits the provision of bilateral assistance for programs in which publicly indicted war criminals are known to have any financial interest or communities that are not in compliance with specified sections of the Dayton Agreement relating to war crimes and the Tribunal. Requires the Secretary of State to report to the appropriate congressional committees on the location, if known, of publicly indicted war criminals, on country, entity and municipality authorities known to have obstructed the work of the Tribunal, and on sanctioned countries, entities, and municipalities. (Sec. 567) Prohibits the use of funds for the Government of the Russian Federation unless the President certifies to specified congressional committees that the Federation has not enacted laws or promulgated executive orders that discriminate against religious minorities in violation of international agreements on human rights and religious freedoms to which it is a party. (Sec. 568) Subjects the availability of funds in this Act to support programs or activities promoting country participation in the Kyoto Protocol to the Framework Convention on Climate Change (FCCC) to the regular notification procedures of the Committees on Appropriations. (Sec. 569) Authorizes for FY 1999 and 2000 the use of DOD funds for crating, packing, handling, and transportation of excess defense articles to countries that are eligible to participate in the Partnership for Peace and that are eligible for assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 570) Bars funds to the Central Government of the Democratic Republic of Congo. (Sec. 571) Earmarks specified foreign assistance funds for Israel, Egypt, Jordan, Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the Multinational Force and Observers, the Middle East Regional Democracy Fund, Middle East Regional Cooperation, and Middle East Multilateral Working Groups. (Sec. 572) Requires the President to submit to specified congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund. (Sec. 573) Directs the Secretary of the Treasury to instruct the U.S. executive directors of international financial institutions to oppose loans to Cambodia (except loans to support basic human needs). Prohibits the availability of funds under this Act for assistance for the Government of Cambodia. (Sec. 574) Amends the Foreign Assistance Act of 1961 to declare that the prohibition on the use of funds under such Act to provide law enforcement training to foreign governments within the United States or abroad shall not apply with respect to assistance provided to customs personnel for customs law enforcement. (Sec. 575) Directs the Secretaries of Defense and of State to report jointly to Congress on all overseas military training provided to, and proposed to be provided to, foreign military personnel under programs administered by the Defense and State Departments during FY 1999 and 2000. (Sec. 576) Earmarks specified funds for KEDO for administrative expenses and heavy fuel oil costs associated with the Agreed Framework (Joint Declaration on Denuclearization of the Korean Peninsula). Earmarks other amounts to KEDO if the President certifies to Congress that North Korea is complying with the provisions of the Agreed Framework. (Sec. 577) Authorizes investment of funds made available to grantees of the African Development Foundation pending expenditure for project purposes when authorized by the President of the Foundation. (Sec. 578) Bars the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation. (Sec. 579) Authorizes voluntary separation incentive payments to AID employees to eliminate AID positions and functions contained in a mandatory strategic plan outlining such payments. (Sec. 580) Earmarks specified amounts of ESF funds for a political transition in Iraq, Iraqi opposition groups for political, economic, humanitarian, and other activities, and for groups and activities seeking the prosecution of Saddam Hussein and other Iraqi government officials for war crimes. (Sec. 581) Directs AID to submit its annual budgets to the Committees on Appropriations. (Sec. 582) Requires information relevant to the December 2, 1980, murders of four American churchwomen in El Salvador be made public to the fullest extent possible. (Sec. 583) Prohibits the use of funds appropriated under this Act to propose or issue rules, regulations, decrees, or orders for implementation, or in preparation for implementation, of the Kyoto Protocol to the United States Framework Convention on Climate Change, which has not been submitted to the Senate for advice and consent to ratification pursuant to the U.S. Constitution, and which has not entered into force. (Sec. 584) Makes funds available for FY 2000 for defense article stockpiles in foreign countries, including the Republic of Korea and Thailand. (Sec. 585) Amends the 1999 Emergency Supplemental Appropriations Act to extend the pilot Russian Leadership Program at the Library of Congress through FY 2000. (Sec. 586) Abolishes the Inter-American Foundation. (Sec. 587) Directs the Secretary of State, 30 days prior to the initial obligation of ESF funds for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to assure the Comptroller General will have access to appropriate U.S. financial information in order to review the uses of such funds for the Program. (Sec. 588) Earmarks a specified amount of international narcotics control and law enforcement funds for activities of Colombian nongovernmental organizations involved in human rights monitoring. (Sec. 589) Prohibits the obligation of ESF, IMET, or foreign military financing program funds for Indonesia unless the Committees on Appropriations are advised 20 days prior to each proposed obligation. (Sec. 590) Bars the use of appropriated funds under this Act for the UN Man and the Biosphere Program or the UN World Heritage Fund. (Sec. 591) Declares that the Federal Republic of Yugoslavia (FRY) (except Montenegro or Kosova) shall be deemed a state sponsor of terrorism for purposes of granting U.S. courts jurisdiction to award money damages for personal injury caused to or the death of a U.S. national by an act of terrorism by an official, employee, or agent of FRY. (Sec. 592) Authorizes the President to provide, through appropriate Federal agencies, food assistance to groups engaged in the protection of civilian populations from attacks by Sudanese government forces, associated militias, or other paramilitary groups supported by the Sudan government. Sets forth certain conditions for the provision of such assistance. Requires the President to report to the Committees on Appropriations on U.S. bilateral assistance to opposition-controlled areas of Sudan. (Sec. 593) Requires the Secretary of State to consult with the appropriate congressional committees and leadership of Congress to devise a mechanism to provide for congressional input before making any determination on the nature or quantity of defense articles and services to be made available to Taiwan. (Sec. 594) Authorizes appropriations for the U.S. contributions to the Inter-American Investment Corporation, the Multilateral Investment Guarantee Agency, the African Development Fund, and the IDA. (Sec. 595) Earmarks for Costa Rica a specified amount of funds from the Central America and the Caribbean Emergency Disaster Recovery Fund. (Sec. 596) Silk Road Strategy Act of 1999 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, border control, and democracy building assistance to promote economic and political independence in the South Caucasus and Central Asia countries. (Sec. 597) Amends the Foreign Assistance Act of 1961 to require that the annual report to Congress on the status of human rights in foreign countries slated to receive development assistance include a list of foreign states where trafficking in persons, especially women and children, originates, passes through, or is a destination, and an assessment of the efforts of such states to combat such trafficking. (Sec. 598) Expresses the sense of Congress that OPIC shall select a fund manager for the purpose of creating a maritime fund consisting of capital of up to $200 million to support international maritime projects. (Sec. 599) Imposes certain economic and political sanctions against Serbia unless the President makes a certain certification with respect to Serbia to specified congressional committees. Exempts the governments of Montenegro and Kosova from such sanctions. (Sec. 599A) Urges the export of U.S. clean coal technology. (Sec. 599B) Urges the use of U.S. assistance for the reconstruction efforts in the FRY to the maximum extent practicable for the procurement of U.S. articles and services. (Sec. 599C) Earmarks a specified amount of international organizations and program funds for the UN Population Fund (UNFPA) (except for any country program in China). Conditions the availability of such funds to UNFPA on specified requirements, including that it does not fund abortions. (Sec. 599D) Earmarks a specified amount of funds for population planning activities or other population assistance, subject to certain apportionment requirements.

A bill to extend the deadline for commencement of construction of a hydroelectric project in the State of Alabama.

United States · United States Congress · 1 November 1999

Directs the Federal Energy Regulatory Commission, upon request of a specified licensee, to extend for three consecutive two-year periods the time period during which such licensee shall commence construction of a hydroelectric project in the State of Alabama.

Energy Security Tax Act of 1999

United States · United States Congress · 29 October 1999

Energy Security Act of 1999 - Amends the Internal Revenue Code to provide tax credits, tax deductions, taxable income limits, tax credit extensions, elections to expense, and other tax incentives concerning: (1) the use of energy efficient property in business; (2) nonbusiness energy efficient systems (residential and automotive); (3) alternative fuel (alcohol); (4) electric automobiles; (5) clean coal technologies; (6) methane recovery; (7) oil and gas production; (8) renewable power generation; (9) energy-efficient steelmaking; and (10) agricultural conservation.

Tax Relief Extension Act of 1999

United States · United States Congress · 26 October 1999

TABLE OF CONTENTS: Title I: Extension of Expired and Expiring Provisions Title II: Revenue Offset Provisions Subtitle A: General Provisions Subtitle B: Provisions Relating to Real Estate Investment Trusts Title III: Budget Provision Tax Relief Extension Act of 1999 - Title I: Extension of Expired and Expiring Provisions - Amends the Internal Revenue Code to extend through December 31, 2000: (1) treatment of the tentative minimum tax for individuals as zero (and postponement of the reduction in child tax credit for taxpayers subject to the alternative minimum tax); (2) the exclusion from an employee's gross income of employer-provided educational assistance; (3) the research and experimentation credit; (4) exclusions from subpart F income (pro rata income of controlled foreign corporations taxable to U.S. shareholders) of exempt insurance income and active financing income; (5) the suspension of the net income limitation on percentage depletion from marginal oil and gas wells; and (6) the work opportunity tax credit and the welfare-to-work tax credit. (Sec. 102) Repeals the denial of exclusion from an employee's gross income (thus excluding from such gross income) any employer-provided assistance for graduate education leading to a law, business, medical, or other advanced academic or professional degree. (Sec. 103) Revises the credit for increasing research expenses to increase by specified percentages the components of the alternative incremental research credit. Extends the research credit to research in Puerto Rico or any U.S. possession. (Sec. 107) Extends through December 31, 2000 and amends the tax credit for electricity produced from certain renewable resources to: (1) redefine wind and closed-loop biomass facilities; (2) extend the credit to landfill gas and poultry waste facilities; and (3) deny use at the same time of both this credit and the credit for producing fuel from a nonconventional source with respect to any fuel produced from the same facility. (Sec. 108) Revises the deduction for the costs of brownfields environmental remediation to repeal the limitation of a qualified contaminated site to sites within a targeted area (any population census tract with a poverty rate of at least 20 percent, and less than 2,000 people). (Sec. 109) Increases from $10.50 to $13.50 for the period June 30, 1999, through December 31, 2000, the amount of rum excise tax covered over to Puerto Rico and the Virgin Islands. Requires the treasury of Puerto Rico, during such period, to make a certain transfer to the Puerto Rico Conservation Trust Fund. (Sec. 110) Amends the Taxpayer Relief Act of 1997, as amended by the Transportation Equity Act for the 21st Century, to delay until January 1, 2001, the requirement that registered motor fuels terminals offer dyed fuel as a condition of registration. (Sec. 111) Amends the Code to extend through June 30, 2000, the date by which certain gasification facilities must be placed in service in order to qualify for the production credit for fuels produced from nonconventional sources. Title II: Revenue Offset Provisions - Subtitle A: General Provisions - Amends the Code, with respect to the individual estimated tax safe harbor, to revise the 1999 through 2004 scale of the applicable percentage of a preceding year's tax for an individual whose adjusted gross income exceeds $150,000. (Sec. 202) Reduces the foreign tax credit carryback by one year (the second preceding year), and increases the carryover to seven years. (Sec. 203) Excludes from the meaning of capital assets (for capital gains and losses purposes): (1) any commodities derivative financial instrument held by a commodities derivatives dealer, unless it is established to the Secretary of the Treasury's satisfaction that such instrument has no connection to the activities of such dealer as a dealer; (2) any hedging transaction clearly identified as such before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may by regulations prescribe); or (3) supplies of a type regularly used or consumed by the taxpayer in the ordinary course of a trade or business of the taxpayer. (Sec. 204) Imposes a tax on any conjugate vaccine against streptococcus pneumoniae sold by its manufacturer, producer, or importer. Amends the Vaccine Injury Compensation Program Modification Act to repeal as of their original effective dates: (1) inclusion of vaccines against rotavirus gastroenteritis as taxable vaccines; and (2) specified limitations on payments from the Vaccine Injury Compensation Trust Fund. Directs the Comptroller General to report to specified congressional committees on the operation of the Trust Fund and its adequacy to meet future claims. (Sec. 205) Requires any organization a significant trade or business of which is the lending of money to report to IRS any cancellation of indebtedness income. (Sec. 206) Revises the exemption from specified tax treatment of welfare benefit funds (prefunding limits) of any welfare benefit fund which is part of a ten or more employer plan. Limits such exemption to such funds whose only benefits are medical benefits, disability benefits, or group term life insurance benefits which do not provide directly or indirectly for any cash surrender value or other money that can be paid, assigned, borrowed, or pledged for collateral for a loan. Revises the meaning of disqualified benefit which would trigger a certain tax on a welfare benefit fund to set forth a special rule for ten or more employer plans exempted from prefunding limits. Treats as a disqualified benefit subject to such tax any portion of a welfare benefit fund under a ten or more employer plan which is attributable to prefunding limit-exempted contributions if such portion is used for a purpose other than that for which the contributions were made. (Sec. 207) Increases from ten percent to 15 percent of a nonperiodic distribution the withholding rate for nonperiodic distributions from deferred compensation plans. (Sec. 208) Declares that if a taxpayer has gain from a constructive ownership transaction with respect to any financial asset and such gain would otherwise be treated as a long-term capital gain: (1) such gain shall be treated as ordinary income to the extent that it exceeds the net underlying long-term capital gain; and (2) to the extent such gain is then treated as a long-term capital gain, the determination of the applicable capital gain rate (or rates) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. Increases the tax on any gain thus treated as ordinary income by the amount of interest assessable for underpayment of tax, determined with respect to each prior taxable year during any portion of which the constructive ownership transaction was open. Denies any credit against such increase in tax. (Sec. 209) Extends through FY 2009 specified treatment of qualified transfers of excess pension assets to retiree health accounts. Prescribes minimum employer cost requirements for plans transferring assets during the five-year cost maintenance period following a qualified transfer. (Sec. 210) Prohibits accrual method taxpayers from using the installment method of accounting for installment sales. Revises the special nondealer rules for pledges of installment obligations to declare that a payment on an installment obligation shall be treated as directly secured by an interest in an installment obligation to the extent an arrangement allows the taxpayer to satisfy all or a portion of the indebtedness with the installment obligation. (Sec. 211) Revises special rules which allow users of the accrual method not to accrue payments for personal services which (on the basis of experience) will not be collected, to limit such services to those performed in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. (Sec. 212) Disallows any charitable contribution deduction for transfers to or for the use of a charitable remainder trust if in connection with such transfer: (1) the trust directly or indirectly pays, or has previously paid, any premium on any personal benefit contract with respect to the transferor (split-dollar arrangement); or (2) there is an understanding or expectation that any person will directly or indirectly pay any such premium. Defines personal benefit contract as any life insurance, annuity, or endowment contract in which any direct or indirect beneficiary is the transferor, any member of the transferor's family, or any other person designated by the transferor (except an organization which may receive a deductible charitable contribution). Excepts from treatment as indirect beneficiaries: (1) certain organizations which incur obligations under charitable gift annuity contracts; and (2) persons entitled to payments under certain charitable remainder trusts or unitrusts. Imposes an excise tax in the amount of any premiums paid in connection with such transfers. (Sec. 213) Sets forth a special rule for the assumption of liabilities with respect to determining the basis of property in corporate organizations and reorganizations in which neither gain nor loss is recognized, with the purpose of preventing a duplication of loss through assumption of liabilities giving rise to a deduction. Declares that if, after application of other basis-determining requirements to exchanges of stock and securities, the basis of nonrecognition property exceeds its fair market value, then such basis shall be reduced (but not below such fair market value) by the amount of any liability of the taxpayer assumed in exchange for such property, where such assumption (because payment of the liability would give rise to a deduction, or would be a payment to a retiring partner or a deceased partner's successor in interest) is exempted from requirements that it be treated as money received by the taxpayer. Waives such reduction of basis if the trade or business giving rise to the liability is transferred to the person assuming the liability as part of the exchange. (Sec. 214) Revises treatment and basis allocation rules for transfers of intangibles in certain nonrecognition transactions. Declares that a transfer of an interest in intangible property (such as patents, copyrights, trademarks, franchises, methods, and similar items) shall be treated in such nonrecognition transactions as a transfer of property even if the transfer is of less than all of the substantial rights of the transferor in the property. Requires allocation of the transferor's basis immediately before the transfer among the rights the transferor retains and the rights transferred on the basis of their respective fair market values. States that such treatment shall not apply to a transfer of intangible property developed by the transferor or any related person if such development was pursuant to an arrangement with the transferee. Applies these same rules to partnerships. (Sec. 215) Sets forth a rule for distributions by a partnership to a corporate partner of stock in another corporation. Requires reduction by the specified excess amount in the basis of property held by a distributed corporation where: (1) a corporation (corporate partner) receives a distribution from a partnership of stock in another corporation (distributed corporation); (2) the corporate partner has control of the distributed corporation immediately after the distribution or at any time thereafter; and (3) the partnership's adjusted basis in such stock immediately before the distribution exceeded the corporate partner's adjusted basis in such stock immediately after the distribution. Exempts from such requirement any distribution of stock in the distributed corporation if: (1) the corporate partner does not have control of such corporation immediately after such distribution; and (2) the corporate partner establishes to the satisfaction of the Secretary that such distribution was not part of a plan or arrangement to acquire control of the distributed corporation. Provides that, if the amount of any such reduction exceeds the aggregate adjusted bases of the property of the distributed corporation: (1) such excess shall be recognized by the corporate partner as long-term capital gain; and (2) the corporate partner's adjusted basis in the stock of the distributed corporation shall be increased by such excess. Requires reduction of the basis of any stock in a controlled corporation which is property held by a distributed corporation with respect to these requirements. (Sec. 216) Requires any employee stock ownership plan (ESOP) holding employer securities consisting of stock in an S corporation to provide that no portion of the assets of the plan attributable to (or allocable in lieu of) such employer securities may, during a nonallocation year, accrue (or be allocated directly or indirectly under any qualified plan of the employer) for the benefit of any disqualified person. Defines a nonallocation year as any ESOP plan year if, at any time during it such plan holds employer securities consisting of stock in an S corporation, and disqualified persons own at least 50 percent of the number of shares of stock in that corporation. Prescribes attribution rules. Imposes an excise tax for violations of such prohibition. Subtitle B: Provisions Relating to Real Estate Investment Trusts - Amends the Code with respect the real estate investment trusts (REITs). Modifies the asset diversification test for a REIT to: (1) allow up to 20 percent of total assets at the close of each quarter to be represented by securities of one or more taxable REIT subsidiaries; and (2) disregard in calculating the permissible 25 percent of total assets represented by securities any straight debt meeting specified requirements. (Sec. 222) Excludes from impermissible tenant service income (thus including as rents from real property meeting the requirements of a REIT) any amount received or accrued by the REIT for services furnished or rendered, or management or operation provided, through a taxable REIT subsidiary. Sets forth a special rule including in rents from real property, if specified rental and lodging facility requirements are met, any amounts paid to a REIT by a taxable REIT subsidiary. (Sec. 223) Defines taxable REIT subsidiary. (Sec. 224) Disqualifies for the corporate deduction for interest on indebtedness any interest paid or accrued (directly or indirectly) by a taxable REIT subsidiary to the REIT (earnings stripping). (Sec. 225) Imposes on a REIT a tax equal to 100 percent of redetermined rents, redetermined deductions, and excess interest. (Sec. 231) Sets forth a special foreclosure rule for health care properties acquired by a REIT as the result of the termination of a lease of such property (other than a termination by reason of a default, or the imminence of a default, on the lease). Requires disregard of income derived or received by a REIT from an independent contractor to the extent it is attributable to: (1) any lease of property in effect on the date the REIT acquired the qualified health care property; or (2) any lease of property entered into after such date if a lease of such property from the trust was in effect on such date, and under the terms of the new lease, the REIT receives a substantially similar or lesser benefit in comparison to the first kind of lease. (Sec. 241) Reduces from 95 percent to 90 percent of REIT income and of the excess of the net income from foreclosure property over the tax on foreclosure property specified components of the formula for determination of the amount of dividend deductions which help establish the taxability of REIT income. Reduces from 95 percent to 90 percent of REIT gross income a specified component of the formula for determining the amount of tax imposed on a REIT for failure to meet certain requirements. (Sec. 251) Requires that only persons who own, directly or indirectly, more than five percent of a certain class of stock regularly traded on an established securities market be taken into account as owning any of the stock of such class for purposes of the 35-percent ownership rule determining whether a person is (under 35- percent ownership) or is not (over 35-percent ownership) an independent contractor for purposes of determining rents from real property, and of the special rules for foreclosure property, with respect to REIT taxation. (Sec. 261) Declares that any distribution by a regulated investment company (RIC) made in order to comply with certain tax requirements shall be treated as made from the earliest earnings and profits accumulated in any taxable year to which certain other requirements did not apply (non-RIC year) rather than the most recently accumulated earnings and profits. (Sec. 271) Revises rules for calculating the annualized estimated income installment for a corporation where such installment would be lower than a prescribed amount. Declares that any dividend received from a closely held REIT by any person which owns ten percent or more (by vote or value) of the stock or beneficial interests in the REIT shall be taken into account in computing annualized income installments in a manner similar to the manner under which partnership income inclusions are taken into account. Defines closely held REIT as one with respect to which five or fewer persons own 50 percent or more (by vote or value) of the stock or beneficial interests in the REIT. (Sec. 281) Requires a REIT not to be a controlled entity. Defines controlled entity as one in which, at any time during the taxable year, one person (other than a qualified entity): (1) in the case of a corporation, owns stock possessing at least 50 percent of the total voting power of the corporation's stock, or having a value equal to at least 50 percent of the total value of the corporation's stock; or (2) in the case of a trust, owns beneficial interests in the trust which would meet requirements for a corporation if such interests were stock. Provides that a REIT is not a controlled entity, but is instead a qualified entity, even if it meets the criteria for a controlled entity, but the person owning the stock or beneficial interests is either itself a REIT, or a partnership in which one REIT owns at least 50 percent of the capital and profits interests in the partnership. Excludes from the meaning of controlled entity an incubator REIT meeting specified stock, mortgage asset, and investment capital criteria. Title III: Budget Provision - Declares that any net deficit increase or net surplus increase resulting from the enactment of this Act shall not be counted for the pay-as-you-go automatic offsetting sequestration requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

Nuclear Decommissioning Assurance Act of 1999

United States · United States Congress · 26 October 1999

Nuclear Decommissioning Assurance Act of 1999 - Permits a nuclear power facility licensee to petition the Nuclear Regulatory Commission (NRC), for a determination of whether: (1) adequate amounts are deposited in its nuclear decommissioning trust fund; and (2) future funding for any nuclear power plant is assured for any nuclear power plant owned in whole or in part by such licensee. Sets a time frame by which the NRC must issue a determination whether the nuclear decommissioning trust fund and the currently approved decommissioning recovery cost rates are adequate to ensure full and safe facility decommissioning. Details mandatory NRC considerations. Amends the Federal Power Act to permit an electric utility that owns a nuclear power facility in whole or in part to petition the Federal Energy Regulatory Commission (FERC), for an order approving rates and charges in connection with wholesale transmission or sale of electricity to ensure collection of revenues necessary to ensure adequate funding to satisfy its decommissioning obligations. Provides that in such petition proceeding any nuclear decommissioning assurance determination made under this Act shall be conclusive. Permits a utility whose request has been denied to seek judicial review.

To provide funding for the Portsmouth and Paducah, Tennessee, gaseous diffusion plants.

United States · United States Congress · 26 October 1999

Authorizes the Secretary of Energy to expend specified funds from the Uranium Enrichment Decontamination and Decommissioning Fund without further appropriation and without fiscal year limitation for payment of decontamination and decommissioning costs, and for remedial action costs. (Sec. 2) Mandates allocation of such funds to each decontamination and decommissioning program of the gaseous diffusion plants in Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each site. Sets forth procedural guidelines for possible termination by the United States Enrichment Corporation of its lease with the Department of Energy (DOE). Instructs the Secretary to transmit a decontamination and decommissioning program for the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants after the date a decision has been made to close all or part of one of the gaseous diffusion plants. (Sec. 3) Directs DOE to establish a Portsmouth and Paducah Operations Office to manage environmental restoration, nuclear energy, and uranium enrichment program activities. Mandates that the President's Budget request for FY2001 and for each fiscal year thereafter include funding for such Office as a separate line item from the Oak Ridge Operations Office budget. (Sec. 4) Sets forth closure requirements to minimize social and economic impacts relating to partial or total closures of the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants.

Climate Change Energy Policy Response Act

United States · United States Congress · 25 October 1999

Climate Change Energy Policy Response Act - Title I: Energy Policy Coordination - Amends the Energy Policy Act of 1992 to prescribe procedural guidelines for the Secretary of Energy to coordinate all energy-related activities involving climate change. Title II: Advancement of Climate Change Science - Directs the Secretary to coordinate, prioritize, and evaluate federally funded research conducted under the aegis of Federal agencies that involves climate change science. Title III: Comprehensive Policy Review and Analysis - Instructs the Secretary to transmit to Congress and the President a critical analysis and assessment of energy-related policies for responding to potential global climate change. Title IV: Public Right to Know - Directs the Secretary to: (1) publish a detailed report on Federal spending for climate change; and (2) maintain a National Resource Center on Climate Change. Title V: Accelerated Development and Deployment of Response Technology - Requires the Secretary to: (1) issue an annual review and report on federally funded research and development activities regarding energy technology; and (2) establish an information clearinghouse to facilitate the transfer and dissemination of the results of such federally funded research. Directs the Comptroller General to identify and evaluate regulatory barriers to rapid deployment of technology domestically and internationally for greenhouse gas emission reductions, and recommend to Congress changes that would facilitate expedited technology deployment. Title VI: International Deployment of Energy Technology to Mitigate Climate Change - Sets guidelines under which the Secretary is directed to provide for a pilot program for financial assistance for qualifying international energy deployment projects. Title VII: Optimal Operating Efficiency of Transportation Systems - Amends Federal law governing surface transportation research to direct the Secretary of Transportation to: (1) enter into an arrangement with the National Academy of Sciences to study and report on the efficacy of various regional approaches to reducing traffic congestion; and (2) fund an analytical report regarding highway design concepts to relieve urban area congestion without acquisition of additional rights-of-way. Authorizes appropriations. Title VIII: Voluntary Initiatives - Amends the Energy Policy Act of 1992 to direct the Secretary to: (1) revise guidelines governing the voluntary collection and reporting of information on sources of greenhouse gases to reflect the amendments made by this Act; and (2) create and implement a public awareness program regarding the benefits of certification of voluntary emission reductions. Affirms continuance of State action designed to mitigate the financial risks to persons who engage in voluntary steps to reduce greenhouse gas emissions.

Climate Change Tax Amendments of 1999

United States · United States Congress · 25 October 1999

Climate Change Tax Amendments of 1999 - Amends the Internal Revenue Code to state that the June 30, 1999, date for termination of the business tax credit for qualified research activities shall not apply if such research: (1) has as one of its purposes the reducing or sequestering of greenhouse gases; and (2) has been reported to the Department of Energy pursuant to the Energy Policy Act of 1992. Includes as part of the investment tax credit the reduced greenhouse gas emissions facilities credit and makes such credit the applicable percentage of qualified investment in a reduced greenhouse gas emissions facility for a taxable year. Allows such credit to be increased by the aggregate of each qualified progress (emissions facility expansion or construction) expenditure for a taxable year. Provides special rules for the recapture of such credit. Directs the Secretaries of the Treasury and Energy to jointly study and report to Congress on possible additional incentives for, and removal of barriers to, voluntary, non- recoupable expenditures for the reduction of such emissions. Expresses the sense of Congress that such incentives should be available for individuals, organizations, and entities, including both for- profit and nonprofit institutions. Directs the Secretaries to jointly study and report to Congress on possible additional measures that would provide nonprofit entities with economic incentives for such emission reductions comparable to those provided by this Act.

High Performance Schools Act of 1999

United States · United States Congress · 25 October 1999

High Performance Schools Act of 1999 - Establishes the High Performance Schools Program, in the Department of Education, to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. (Sec. 3) Authorizes the Secretary of Education to make grants, through the Program, for: (1) assisting school districts to implement this Act's purpose; (2) administering the program of assistance to school districts under this Act; and (3) promoting participation by school districts in the Program. Requires grants to assist school districts to be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Requires such grants to be made to school districts that: (1) need to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) do not have adequate funds to do so without such assistance; and (3) are committed to using grant funds to develop high performance school buildings in accordance with an approved plan. Requires grants for administration to be used to evaluate compliance by school districts with requirements of this Act. Allows such grants also to be used to: (1) distribute information and materials to define and promote development of high performance school buildings for new and existing facilities; (2) organize and conduct programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of such buildings; (3) obtain technical services and assistance in planning and designing such buildings; and (4) collect and monitor data and information pertaining to such building projects. Allows grants to promote participation to be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. Allows grants under this Act to be provided only to school districts that have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate. Requires such State agency to encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. (Sec. 4) Requires funds appropriated for the implementation of this Act, with the exception of certain reserved funds, to be provided to the Governors of the States. Directs each Governor to determine the appropriate State agency to administer the program of assistance to school districts. Allocates such funds as follows: (1) 70 percent for grants to assist school districts; (2) 15 percent for grants for administration; and (3) 15 percent for grants to promote participation. Authorizes the Secretary of Education to retain, through the Program, a limited annual amount to assist State agencies designated by the Governor in coordinating and implementing such Program. Allows funds to be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. (Sec. 5) Authorizes appropriations.

TVA Financial Integrity Act of 1999

United States · United States Congress · 21 October 1999

TVA Financial Integrity Act of 1999 - Amends the Tennessee Valley Authority Act of 1933 to reduce in annual increments the amounts authorized for the bonds for financing program. Requires the Tennessee Valley Authority (TVA) to: (1) certify annually to a specified congressional committee that its cumulative indebtedness is less that its designated bond authorization; and (2) provide on the face of its bonds a disclaimer stating that the U.S. General Accounting Office has determined that the TVA level of indebtedness may impair its future financial flexibility, that Congress has expressly disclaimed any support for such indebtedness, and that the sole means for payment comes only from the TVA Power Program. (Sec. 2) Prohibits TVA from: (1) marketing or representing such bonds as being backed by the United States; or (2) making contracts for the sale or delivery of power which would have the effect of making TVA a power supply source outside the area for which it was the primary source on July 1, 1957. Denies such bonds any special status or protection under law. Sec. 3) Subjects TVA to Federal antitrust law jurisdiction. (Sec. 4) Prohibits TVA from making any contract that has the effect of making it a source of power supply to a retail customer that will consume the power within an area assigned by State law to a distributor, unless: (1) the customer was a retail customer of TVA as of January 1, 1998; (2) the distributor is purchasing firm power from TVA in an amount equal to at most 50 percent of its total retail sales; and (3) the customer elects to continue such purchases. Prohibits TVA from offering long-term, firm power to a new customer under conditions more favorable than those offered to any distributor for comparable power supply. (Sec. 5) Prohibits TVA from charging power customers to recover expenses incurred in its conduct of foreign operations or activities. (Sec. 6) Provides that TVA shall be deemed "a corporation, a public utility, and an electric utility", for purposes of the Federal Power Act. (Sec. 7) Prohibits TVA from providing construction equipment, contracting, and engineering services except under specified circumstances. Mandates that all proceeds received from TVA disposition of used construction equipment be applied to reduction of its debt. (Sec. 8) Sets forth prerequisites governing TVA acquisition, construction, maintenance or ownership of any major generating resource. Authorizes TVA to submit to the jurisdiction and taxing authority of State and local governments relating to new major generating resources, as well as State and local regulatory authority respecting power generation and supply. Sets forth a statutory formula to provide for taxation equivalency between TVA and private industry with respect to State, local and Federal tax liability. Requires TVA to compensate the Federal Treasury for the support given to TVA bonds by virtue of its status as a Federal corporation. Mandates that the Federal Energy Regulatory Commission determine the amounts due and transmit its determination as final and binding upon TVA, without opportunity for judicial review. (Sec. 9) Subjects TVA to the same legal and regulatory requirements over its operations as apply generally to electric utility companies. Provides that to the extent TVA makes any contract that has the effect of making it a power supply source, its eminent domain authority may not be exercised for facilities construction or acquisition.

National Laboratories Partnership Improvement Act of 2000

United States · United States Congress · 20 October 1999

National Laboratories Partnership Improvement Act of 1999 - Instructs the Secretary of Energy to: (1) establish a Regional Technology Infrastructure Program to improve the ability of the National Laboratories to support department missions; (2) authorize the Director of each National Laboratory to implement such Program pursuant to prescribed program requirements; (3) require the Director of each multiprogram National Laboratory to establish a small business advocacy function and a small business assistance program; and (4) require such Director to appoint a technology partnership ombudsman for complaint resolution. Instructs the Secretary to ensure that each contractor operating a National Laboratory has policies and procedures, including an employee benefits program, that do not create disincentives to the transfer of scientific and technical personnel among contractor-operated National Laboratories. Amends the Department of Energy Organization Act to authorize the Secretary to enter into transactions with public agencies and private organizations in furtherance of functions including research, development, or demonstration projects. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to reflect the provisions of this Act with respect to strategic plans, Federal waivers, and time required for approval.

Discretionary Spending Offsets Act for Fiscal Year 2000

United States · United States Congress · 14 October 1999

Discretionary Spending Offsets Act for Fiscal Year 2000 - Title I: Offsets for Discretionary Spending - Subtitle A: Agriculture - Part I: Food Safety Inspection and Enforcement Fees - Amends the Poultry Products Inspection Act to direct the Secretary of Agriculture to charge, with specified exceptions, user fees for poultry and poultry products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at poultry establishments.) (Sec. 111) Revises authorization of appropriation provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Includes fee setting activities within annual reporting requirements. (Sec. 112) Amends the Federal Meat Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for meat, meat products, and livestock inspection and related activities. Revises authorization of appropriations provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Amends the Wholesome Meat Act to include fee setting activities within annual reporting requirements. (Sec. 113) Amends the Egg Products Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for egg products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at official plants.) Removes such activities from covered authorizations of appropriations. Amends the Egg Products Inspection Act to include fee setting activities within annual reporting requirements. (Sec. 114) Makes conforming payment-related amendments to specified Acts. Part II: Assessments Under Tobacco Program - Amends the Agricultural Act of 1949 to require (if price supports are in effect) producer, purchaser, and importer tobacco marketing assessments beginning with the 1999 crop year. Sets forth assessment provisions with respect to: (1) allocations between domestic producers and purchasers of domestically produced tobacco; and (2) required annual collections. Part III: Animal and Plant Health Inspection Service Cost-Share Fees - Amends the Federal Plant Pest Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 132) Amends the Plant Quarantine Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 133) Amends the Animal Welfare Act to direct the Secretary to charge, with specified exceptions for registration and licensing, user fees for registration services. Eliminates quarterly authorization of appropriation caps, and excludes user fee-covered activities from such authorization of appropriations. Part IV: Grain Inspection, Packers, and Stockyard Administration Licensing Fee - Amends the United States Grain Standards Act to state that grain standardization fees shall be collected from persons benefitting from such services, including first purchasers, processors, and grain warehousemen. (Sec. 142) Amends the Packers and Stockyards Act, 1921 to establish license and fee requirements for packers, live poultry dealers, stockyard owners, dealers, and market agencies. Part V: Forest Service Fees - Amends the National Forest Management Act of 1976 to direct the Secretary to implement a timber sale preparation user fee pilot program. (Sec. 152) Requires rental fees for commercial filming on National Forestry System lands to be deposited into a special Treasury fund. Authorizes such fund's use for administration and management of special uses on System lands. (Sec. 153) Amends the National Forest Management Act of 1976 to direct the Secretary to charge fair market value user fees for special products (vegetation or other life forms growing on System lands) collected on System lands. (Sec. 154) Amends the Granger-Thye Act to direct the Secretary to: (1) implement a public-private venture demonstration program to evaluate the feasibility of using non-Federal funds to construct, rehabilitate, and operate federally owned visitor facilities on System lands, and to conduct related environmental analyses; and (2) charge concession fees. Authorizes the Secretary to sell existing System facilities to authorized concessionaires. Provides for the allocation of concession fees and facility sales proceeds on a unit and agency-wide basis. (Sec. 155) Directs the Secretary to charge fair market value user fees for non-ski recreation concessions on System lands and waters. Subtitle B: Commerce - Part I: National Oceanic and Atmospheric Administration Navigation Services Fees - Requires the Secretary of Commerce to establish and adjust user fees for any navigation services provided to commercial marine operators. (Sec. 211) Authorizes a limited amount of offsetting collections from such fees to be appropriated for expenses associated with providing such services. Part II: National Oceanic and Atmospheric Administration Fisheries Management Fees - Directs the Secretary to establish and adjust user fees associated with the U.S. fishing industry. (Sec. 221) Authorizes a limited amount of offsetting collections from such fees to be appropriated for management and enforcement costs associated with domestic fisheries. Part III: Analog Television Service Signal Lease Fee - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to assess and collect lease fees for each fiscal year for the use of an analog television service license by commercial television broadcasters. Requires such fees to be used for upgrading Federal, State, and local public safety wireless communications equipment and facilities. Apportions such fees based upon the population covered by a broadcaster's signal. (Sec. 231) Requires collected fees to be deposited as offsetting receipts in the Treasury and authorizes them to be appropriated. Waives, reduces, or defers fees in any specific instance where such action would promote the public interest. Provides for a penalty of 25 percent of the fee amount for late payment. Subtitle C: Education and Labor - Part I: National Directory of New Hires - Amends the Higher Education Act of 1965 (HEA) to provide for data matching with respect to individual cases of defaulted loans and obligations to refund overpayments of grants under title IV (Student Assistance). (Sec. 311) Directs the Secretary of Education (the Secretary for this subtitle) to match such data, through the Secretary of Health and Human Services (HHS), with that in the National Directory of New Hires (NDNH) established under the Social Security Act. Allows the Secretary to seek such information only as necessary to improve such debt collection. Authorizes the Secretary to use such information to: (1) collect such debt owed by individuals whose annualized wage level exceeds $16,000; and (2) conduct analyses of student loan defaults, after removal of personal identifiers. Allows data disclosure only to a guaranty agency holding the loan obligation, a contractor or agent of such agency or of the Secretary, and the Attorney General. Directs the Secretary to reimburse HHS for additional costs involved in such data matching. Authorizes the Secretary to impose fees on guaranty agencies for reasonable costs of obtaining such information. Amends the Social Security Act to direct the Secretary of HHS to exercise such NDNH data matching and disclosure authority in cooperation with that of the Secretary under HEA. Revises the Child Support Performance and Incentive Act of 1998 to make certain penalties for misuse of information applicable to all persons. Part II: Recall of Federal Reserves Held by Guaranty Agencies - Amends HEA title IV to direct the Secretary to recall from the Federal Student Loan Reserve Funds held by guaranty agencies specified minimum amounts in each of FY 2000 through 2004, for deposit in the Treasury. (Sec. 321) Eliminates provisions for guaranty agreements for reimbursing losses. Replaces such provisions with ones for guaranty agreements for paying lenders for default claims. Exempts nonprofit guaranty agencies from the requirements of Fair Debt Collection Practices Act to the extent that they are carrying out due diligence activities required by the Secretary. Authorizes the Secretary to enter into voluntary, flexible agreements with any guaranty agency that had one or more prior agreements with the Secretary. Part III: Employer Tax Credit User Fees - Amends the Internal Revenue Code to establish Work Opportunity Credit (WOC) and Welfare-to-Work Credit (WWC) user fees. (Sec. 331) Authorizes the Secretary of Labor to impose such fees on employers submitting applications for certification of individuals as members of target groups (for WOC) and categories of long-term family assistance recipients (for WWC). Prohibits such fees from being paid, directly or indirectly, by the individual who is the subject of the certification. Bases the amount of such fees on an estimate of what is needed to fully fund administrative costs relating to such certification. Requires a fee for employers with fewer than 100 employees lower than that for employers with 100 or more. Requires such fees to be: (1) collected by designated local agencies; (2) deposited as offsetting receipts in the State Unemployment Insurance and Employment Service Operations account of the Treasury; and (3) available to pay administrative costs relating to such certification. Directs the Secretary of Labor to allocate such funds among the States based on their relative workload in processing the certifications. Makes such fees available for obligation only to the extent and in the amount provided in advance in appropriations acts. Authorizes the fees to be appropriated to remain available until expended. Subtitle D: Natural Resource, Energy, and Environment - Part I: Nuclear Regulatory Commission User Fees and Annual Charges - Amends the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of certain Nuclear Regulatory Commission annual charges through FY 2004. Part II: Federal Insecticide, Fungicide, and Rodenticide Act Fees - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to assess fees from applicants for pesticide registrations, amendments to registrations, and experimental use permits effective October 1, 1999. (Sec. 421) Permits fee reductions or waivers: (1) in connection with applications for an active ingredient that is contained only in pesticides for which registration is sought solely for agricultural or nonagricultural minor uses; or (2) in other instances determined to be in the public interest. Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Part III: Toxic Substances Control Act Fees - Amends the Toxic Substances Control Act to revise provisions regarding fees from persons required to submit data under such Act to remove an upper limit on the amount that may be collected. (Sec. 431) Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Subtitle E: Revenue - Part I: Reinstate Superfund Taxes - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1998, and before January 1, 2010. (Sec. 511) Applies the Hazardous Substance Superfund financing rate after the date of this Act's enactment and before October 1, 2009. Part II: Tobacco Excise Taxes - Increases the excise taxes on tobacco products. (Sec. 522) Exempts, during 1999, from the requirement to deposit taxes persons required to make deposits with respect to alcohol and tobacco products. Part III: Customs Access Fee - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985, with respect to customs fees, to direct the Secretary of the Treasury to charge and collect for the provision of customs services (in addition to the current fees) a fee for the use of any automated system of the Customs Service for processing commercial operations based on the volume of usage of the system. Requires publication of the fee. Exempts Federal agencies from such fee. Requires the issuance of bills on a monthly basis for such fee. Part IV: Customs Air and Sea Passenger Processing Fee Amendments - Increases the $5.00 passenger arrival fee to $6.40 and declares certain exemptions (which include Mexico, Canada, and U.S. territories and possessions) from such fees inapplicable. Part V: Harbor Services User Fee - Directs the Secretary of the Army to impose specified fees on the owners or operators of commercial vessels for services provided for the use of ports. Sets forth exemptions. (Sec. 552) Establishes a United States Harbor Services Fund into which the section 551 fees shall be deposited. Authorizes Fund expenditures for harbor development, operations, and maintenance costs. Subtitle F: Human Services - Part I: Social Security Administration Claimant Representative Fees - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to direct the Commissioner of the Social Security Administration to impose on attorneys owed a fee from a claimant's past-due benefits an assessment, determined according to a specified formula, for crediting to the OASDI trust funds. Authorizes appropriations. Part II: Temporary Assistance For Needy Families Amendments -Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to limit the amount of the FY 2000 State TANF supplemental grant for population increases in certain States to the amount of such grant for FY 1999. Part III: Temporary Assistance For Needy Families Contingency Fund - Amends SSA title IV part A with respect to the Contingency Fund for State Welfare Programs to provide for: (1) removal of the limit on the amount of deposits into the Contingency Fund; (2) State flexibility for Contingency Fund grants; and (3) revision of annual reconciliation requirements, in particular repealing the adjustment of State remittances for FY 2000 and 2001 that was enacted in the Adoption and Safe Families Act of 1997. Subtitle G: Health Care - Part I: Medicare Savers - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) a reduction in the clinical diagnostic laboratory test cap from 74 to 72 percent; (2) establishment of a national limit on payment for prosthetics and for orthotics; (3) a reduction in Medicare payment for hospital bad debts and extension of such bad debt payment limitation to other relevant facilities and services providers; (4) a freeze, for FY 2000, in the applicable percentage increase used in determining Medicare payment to hospitals for inpatient hospital services; (5) a payment amount under Medicare part B (Supplementary Medical Insurance) for a covered drug or biological not payable on a cost or prospective payment basis that is set at 83 percent of the average wholesale price for 2000 and each subsequent year; (6) reduced payment for erythropoietin provided during 2000 under Medicare coverage of certain items and services for end stage renal disease patients; (7) a prohibition on the furnishing of partial hospitalization services in residential services; (8) additional specified requirements for community mental health centers; (9) information requirements pertaining to group health plans under Medicare secondary payer provisions; and (10) Centers of Excellence for furnishing services related to surgical procedures and for furnishing other unrelated services as appropriate to hospital inpatients. (Sec. 714) Amends the Omnibus Budget Reconciliation Act of 1987 to repeal the moratorium on bad debt policy with respect to Medicare hospital services. (Sec. 719A) Provides that not more than $1.1 million of the savings for FY 2000 resulting from enactment of this part may be treated as negative discretionary budget authority and outlays for such fiscal year. Part II: Food and Drug Administration User Fees - Subpart A: Medical Device Fees - Medical Device Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) direct the Secretary of Health and Human Services to assess and collect various specified medical device application and supplement, establishment registration, and periodic premarket application report fees (except from small businesses) to be used for the review of device applications; (2) authorize appropriations; and (3) treat certain unpaid fees as a Federal claim for collection purposes. Subpart B: Fees to Support Costs of Review of Food and Color Additive Petitions - Food and Color Additive Petition Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food and color additive petition and producer registration fees; (2) require registration of food ingredient and color additive producers; and (3) make miscellaneous amendments relating to the food and color additive petition review process, including allowing access to outside experts during the review process. Subpart C: Food Contact Substance Notification Fees - Food Contact Substance Notification Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food contact substance notification fees; and (2) make a miscellaneous amendment relating to the food contact substance notification process. Part III: Health Care Financing Administration User Fees - Amends SSA title XVIII to: (1) revise the limitation on the amount of fees the Secretary may collect from a Medicare+Choice organization with a contract under SSA title XVIII part C (Medicare+Choice) for enrollment-related costs; (2) direct the Secretary to impose fees for initial Medicare+Choice contract issuance and for renewal of such contracts and ongoing monitoring of Medicare+Choice organization operations; (3) exempt from such mandate entities subject to the requirements of the Clinical Laboratory Improvement Amendments of 1988; (4) modify provisions on the use of State agencies to determine compliance by service providers with conditions of participation with regard to State agreements; (5) add registration procedures and fees provisions under provisions on agreements with providers of services under Medicare; and (6) subject certain claims under Medicare part A (Hospital Insurance) and B to a specified processing fee for transfer to the Health Care Financing Administration Program Management Account. (Sec. 737) Amends the Balanced Budget Act of 1997 to repeal provisions on selection of regional laboratory carriers. Subtitle H: Transportation - Part 1: Federal Aviation Administration Cost-Based User Fees - Amends Federal aviation law to require the Federal Aviation Administration (FAA) Administrator to establish a schedule of new fees (until a permanent schedule is adopted) for the provision of air traffic control services to an air carrier, a commercial air carrier (for compensation or hire), or a foreign air carrier. Provides for the reduction of aviation excise taxes to be credited to the Airport and Airway Trust Fund if such taxes and receipts from fees exceed for FY 2000 the FAA budgetary requirements for FY 2001. (Sec. 811) Provides for the adjustment of certain aviation excise taxes credited to the Trust Fund. Part II: Coast Guard Vessel Navigation Assistance Fee - Amends Federal shipping law to authorize the Secretary of the department in which the Coast Guard is operating to establish annual fees to recover a portion of the costs of navigation services provided by the Coast Guard to commercial vessels. Authorizes appropriations to the Secretary out of the collection of such fees. Part III: Hazardous Materials Transportation Safety Fees - Amends Federal transportation law to change from discretionary to mandatory the Secretary of Transportation's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous material in order to pay for the costs of processing such statements. Makes the annual fee to be paid by each person required to file a registration statement a flat $500 (currently, at least $250 but no more than $5,000). Requires the Secretary of Transportation to publish a fee schedule at the beginning of each fiscal year. Declares that registration requirements shall not apply to Indian tribes. Part IV: Commercial Accident Investigation Fees - Authorizes the U.S. Government to collect a fee for service to offset, on an annual basis, the costs of investigation by the National Transportation Safety Board (NTSB) of commercial transportation accidents involving air, ocean, and rail carriers. Part V: Surface Transportation Board User Fees - Authorizes appropriations for the Surface Transportation Board, to be derived from fees collected during the fiscal year. Authorizes the Board to assess and collect user fees and annual charges in each fiscal year equal to its costs for such year. Part VI: Rail Safety User Fees - Changes from mandatory to discretionary the authority of the Secretary of Transportation to impose fees on railroad carriers to cover the costs to promote rail safety and Federal Railroad Administration activities related to hazardous material transportation safety. Title II: Budget Provisions - Requires the Director of the Office of Management and Budget, upon enactment of this Act, to: (1) reduce any balances of direct spending and receipts legislation for FY 2000 to zero under pay-as-you-go enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act); and (2) treat the amount of any balances so reduced as negative discretionary budget authority and outlays for FY 2000 under discretionary spending limit enforcement provisions of such Act.

Coal Miner Environmental Impact Assistance Act of 1999

United States · United States Congress · 12 October 1999

Coal Miner Environmental Impact Assistance Act of 1999 - Directs the Governor of a State with an approved abandoned mine reclamation program under the Surface Mining Control and Reclamation Act of 1977 to establish a program to provide for the employment of coal miners who have been laid off owing to application of environmental laws or regulations, policy directives, or court orders directly relating to coal mining. Preempts State law in contradiction of this Act unless the Secretary of the Interior concurs with a certification forwarded by a State Governor that conditions exist which do not warrant establishment of such a program.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000

United States · United States Congress · 7 October 1999

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) the Agency for Health Care Policy and Research; (9) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (10) the Administration for Children and Families for family support payments to States; (11) low income home energy assistance; (12) refugee and entrant assistance; (13) the social services block grant; (14) children and families services programs; (15) family preservation and support pursuant to a specified provision of the Social Security Act; (16) payments to States for foster care and adoption assistance; (17) the Administration on Aging; (18) the Office of the Secretary for general departmental management; (19) the Office of Inspector General; (20) the Office for Civil Rights; (21) policy research; (22) retirement pay and medical benefits for Public Health Service commissioned officers; and (23) activities related to countering potential biological, disease, and chemical threats to civilian populations. Rescinds FY 2000 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 208) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 210) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary of HHS denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 211) Amends the Public Health Service Act to require State allotments under block grants for: (1) community health services for FY 2000 to be at least the amount the State received for FY 1998; and (2) substance abuse prevention and treatment for FY 2000 to be equal to allotments for FY 1999. Title III: Department of Education - Department of Education Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) reading excellence; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) student financial assistance; (13) the Federal Family Education Loan program account; (14) higher education; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) education research, statistics, and improvement; (19) departmental management; (20) the Office for Civil Rights; and (21) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 306) Amends the Elementary and Secondary Education Act of 1965 to reduce to 35 percent the Federal share available for Even Start family literacy programs in any year after the eighth year of receiving assistance. Removes a provision which limits the receipt of such assistance to a period of eight years. Title IV: Related Agencies - Makes appropriations for FY 2000 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs. (Sec. 506) Sets forth Buy American requirements. (Sec. 508) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard. Title VI: Early Detection, Diagnosis, and Interventions For Newborns and Infants With Hearing Loss - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation, and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations. Title VII: Child Protection Act of 1999 - Child Protection Act of 1999 - Requires any elementary or secondary school or public library that has received Federal funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet to: (1) install software on that computer adequately designed to prevent minors from obtaining access to any obscene information or child pornography; and (2) ensure that such software is operational whenever that computer is used by minors. Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution. Requires determinations of adequate design to be made by an agency or official designated by the chief executive officer of the State. Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient. Title VIII: Inflation Adjustments to Mandatory Jurisdiction Thresholds of National Labor Relations Board - Amends the National Labor Relations Act to provide for inflation adjustments to the mandatory jurisdiction thresholds of the National Labor Relations Board. Title IX: Miscellaneous Provisions - Amends the Internal Revenue Code to require earned income credit refunds to be paid in 12 substantially equal installments. Makes such requirement inapplicable to refunds under $600. Terminates provisions regarding advanced payment of earned income credit after September 30, 1999. Makes such termination inapplicable to earned income eligibility certificates in effect on such date and to renewals of such certificates which are so in effect. Applies the preceding amendments to taxable years beginning after December 31, 1998. (Sec. 902) Directs the General Accounting Office to conduct a study of the impact on earned income tax credit recipients with respect to a disbursement over 12 months versus the current one-time, lump-sum payment. Title X: Disaster Relief for Farmers - Makes a specified amount of Commodity Credit Corporation funds available to the Secretary of Agriculture to provide assistance to producers for crop and livestock losses incurred as a result of the hurricanes and flooding that struck the eastern United States in August and September 1999.

Bill Richardson, of New Mexico, to be the Representative of the United States of America to the Forty-third Session of the General Conference of the International Atomic Energy Agency.

United States · United States Senate · 4 October 1999

Resources Reports Restoration Act

United States · United States Congress · 4 October 1999

Resources Reports Restoration Act - Declares that certain provisions of the Federal Reports Elimination and Sunset Act of 1995 do not apply to certain reports, thus preserving specified requirements for 128 different reports with respect to public lands and forests, fisheries, wildlife, oceans and environment, energy and mineral resources, water resources, insular affairs, and Native Americans. Amends specified Federal laws to repeal: (1) certain terminated reporting requirements; and (2) the requirement of an annual financial report by the chief executives of the governments of the Marshall Islands, the Federated States of Micronesia, and Palau (but retaining such requirement for the chief executive of the Government of the Northern Mariana Islands).

Greta Joy Dicus, of Arkansas, to be an Alternate Representative of the United States of America to the Forty-third Session of the General Conference of the International Atomic Energy Agency.

United States · United States Senate · 1 October 1999

Norman A. Wulf, of Virginia, to be an Alternate Representative of the United States of America to the Forty-third Session of the General Conference of the International Atomic Energy Agency.

United States · United States Senate · 1 October 1999

Unborn Victims of Violence Act of 1999

United States · United States Congress · 30 September 1999

Unborn Victims of Violence Act of 1999 - Provides that: (1) any person who engages in conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (conduct constituting certain Federal violent crimes), and thereby causes the death of, or bodily injury to, a child who is in utero, shall be guilty of a separate offense (but prohibits imposition of the death penalty for such offense); and (2) the punishment for that separate offense shall be the same as that provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother. Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being. Bars prosecution under this Act: (1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.

To extend energy conservation programs under the Energy Policy and Conservation Act through March 31, 2000.

United States · United States Congress · 30 September 1999

Amends the Energy Policy and Conservation Act (EPCA) to extend through March 31, 2000: (1) the authorization of appropriations for the Strategic Petroleum Reserve; and (2) all authorities for domestic supply availability and for standby energy.

Clean Power Plant Act of 1999

United States · United States Congress · 30 September 1999

Clean Power Plant Act of 1999 - Amends the Clean Air Act to require specified emissions limitations on mercury, sulfur dioxide, and nitrogen oxides (NOx) from fossil fuel-fired electric generating units with a nameplate capacity of at least 15 megawatts that use a combustion device primarily to generate electricity for sale. Requires quarterly pollutant-specific emission reports for such pollutants and for carbon dioxide (CO2) by unit owners or operators. Directs the Administrator of the Environmental Protection Agency to publish facility-specific emission data. Requires regulations for disclosure of data concerning emissions levels. Directs the Administrator to calculate a generation performance standard for CO2 from covered fossil fuel-fired electric generating units and allocate allowances among such units. Authorizes the carryover and trading of unused allowances and requires surrender to the Administrator of a number of CO2 allowances equal to the total tonnage emitted during the calendar year. Permits the performance standard to be exceeded if the plant has sufficient emissions credits. Imposes an excess emissions penalty and requires units to offset such emissions. Requires regulations concerning transfer of hazards associated with combustion from one medium to another and release of hazardous wastes into the environment. Expresses the sense of Congress concerning crediting permanent CO2 and NOx emissions reductions to the utility sector in any enacted climate change implementation program. Authorizes appropriations for industry and community assistance and development of a carbon sequestration strategy. Requires grants to municipalities in which there are located fossil fuel-fired electric generating units that: (1) provide 20 percent or more of the municipality's annual property tax revenue in the last fiscal year ending before this Act's enactment; and (2) cease operation after this Act's enactment. Includes hazardous air pollutants from electric utility steam generating units on a list of such pollutants from major and area sources required under the Clean Air Act.

To extend energy conservation programs under the Energy Policy and Conservation Act through October 31, 1999.

United States · United States Congress · 30 September 1999

Amends the Energy Policy and Conservation Act to extend through October 31, 1999, all authorities for domestic supply availability and for standby energy.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000

United States · United States Congress · 28 September 1999

TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Makes appropriations for FY 2000 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Makes appropriations for FY 2000 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) promoting safe and stable families pursuant to a specified provision of the Social Security Act; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; (23) policy research; and (24) activities related to countering potential biological, disease, and chemical threats to civilian populations. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 209) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 210) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary of HHS denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 211) Amends the Public Health Service Act to require State allotments under block grants for community health services for FY 2000 to be at least the amount the State received for FY 1998. Provides a specified minimum State allotment for FY 2000 under block grants for substance abuse prevention and treatment as well. (Sec. 213) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 2000 the authorization of admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches. Makes September 30, 2000, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status. (Sec. 214) Prohibits the use of funds provided in any Act making FY 2000 appropriations for the implementation in Arizona or in Kansas City, Missouri or Kansas, of the Medicare Competitive Pricing Demonstration Project operated by the Secretary of HHS under the Balanced Budget Act of 1997. Title III: Department of Education - Makes appropriations for FY 2000 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) reading excellence; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) student financial assistance; (13) the Federal Family Education Loan program account; (14) higher education; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) education research, statistics, and improvement; (19) departmental management; (20) the Office for Civil Rights; and (21) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 305) Amends the General Education Provisions Act to bar the use of funds provided to the Department of Education or to an applicable program to field or pilot test, implement, administer, or distribute national tests. Makes such prohibition inapplicable to the International Math and Science Study or other international assessments developed under the authority of the National Education Statistics Act of 1994 that are administered only to a representative sample of U.S. and foreign pupils. Provides that exclusive authority over the direction and all policies for developing voluntary national tests shall continue to be vested in the National Assessment Governing Board. Title IV: Related Agencies - Makes appropriations for FY 2000 to the: (1) Corporation for National and Community Service; (2) Corporation for Public Broadcasting; (3) Federal Mediation and Conciliation Service; (4) Federal Mine Safety and Health Review Commission; (5) Office of Library Services; (6) Medicare Payment Advisory Commission; (7) National Commission on Libraries and Information Science; (8) National Council on Disability; (9) National Education Goals Panel; (10) National Labor Relations Board; (11) National Mediation Board; (12) Occupational Safety and Health Review Commission; (13) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (14) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (15) U.S. Institute of Peace. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs unless the Secretary of HHS determines that such programs are effective in preventing the spread of HIV and do not encourage the use of illegal drugs. (Sec. 506) Sets forth Buy American requirements. (Sec. 508) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 513) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard. (Sec. 514) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend the availability of certain voluntary separation incentives for employees of the Railroad Retirement Board and its Office of Inspector General.

An original resolution authorizing expenditures by committees of the Senate for the periods October 1, 1999, through September 30, 2000, and October 1, 2000, through February 28, 2001.

United States · United States Congress · 27 September 1999

Authorizes expenditures by the following Senate committees from October 1, 1999, through September 30, 2000, and October 1, 2000, through February 28, 2001: (1) Agriculture, Nutrition, and Forestry; (2) Armed Services; (3) Banking, Housing, and Urban Affairs; (4) Budget; (5) Commerce, Science, and Transportation; (6) Energy and Natural Resources; (7) Environment and Public Works; (8) Finance; (9) Foreign Relations; (10) Governmental Affairs; (11) Judiciary; (12) Health, Education, Labor, and Pensions; (13) Rules and Administration; (14) Small Business; (15) Veterans' Affairs; (16) Aging; (17) Intelligence; and (18) Indian Affairs. Provides that within the funds in the account "Expenses of Inquiries and Investigations" appropriated by the legislative branch appropriations Acts for FY 2000 and 2001 there is authorized to be established a special reserve to be available to any committee to meet specified unpaid obligations or expenses.

Children's Protection and Community Cleanup Act of 1999

United States · United States Congress · 27 September 1999

Children's Protection and Community Cleanup Act of 1999 - Title I: Remedy - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise general rules for the selection of remedial cleanup actions. Removes a provision requiring the President to specifically address the long-term effectiveness of various alternative treatment or resource recovery technologies. Requires remedial actions to: (1) make contaminated property available for beneficial use to the maximum extent practicable; and (2) protect uncontaminated groundwater and surface water, wherever technically feasible, and restore such water to beneficial uses in a reasonable time period given the circumstances of the release of the hazardous substance concerned. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires selected remedial actions, unless the President determines that a risk-based standard for a contaminant is based on data and assumptions adequate to assure protection of children's health, to reduce contamination to background levels (where more stringent) with respect to such contaminant, to the maximum extent technically feasible. Prohibits the selection of an action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health and the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements would be attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a law suit against the Environmental Protection Agency (EPA) prior to May 1, 1986. Eliminates a provision which allows the President to select a remedial action that does not attain a standard equivalent to a legally applicable standard if compliance with requirements is technically impracticable from an engineering perspective. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures under CERCLA. Lists requirements for actions that rely on institutional controls. Provides for funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Requires such funds to be sufficient to guarantee successful performance of a remedy and, to the extent technically feasible, future beneficial reuse. Directs the EPA Administrator (Administrator) to report annually to Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. (Sec. 102) Sets forth criteria for institutional control instruments. Requires the President, if such an instrument is adopted, to record a notice of property use restriction in the public land records for the jurisdiction in which the affected property is located. Makes such instruments enforceable in perpetuity (unless terminated and released) against holders of interest in an affected property and all persons who subsequently acquire such interest. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. Describes types of institutional control instruments, including easements. Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire an easement to limit or control the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a response action. Sets forth provisions regarding the President's authority to assign easements to other parties, issue orders imposing restrictions on land or natural resources, and include State institutional controls in response actions. (Sec. 103) Requires the President to ensure that a removal action is not undertaken in lieu of a long-term remedial action. Title II: 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 a hazardous substance at a covered facility). Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities and increases the maximum amount of such grants. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities 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 covered 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. 203) Requires States or Indian tribes with covered facilities to establish Community Information and Access Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 204) 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) ten individuals residing in the area in which the covered facility is located, or ten percent of the population of a locality in which the covered facility is located, whichever is fewer, petition for a Group to be established. Directs the President to adopt any consensus recommendation of a Group on land use as part of the remedy selected for the facility, with exceptions. Authorizes the President to provide administrative support for such groups. Directs the Administrator to submit to 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) 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. 206) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. Subtitle B: Human Health - Directs 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. Requires the ATSDR Administrator to perform a health assessment for each facility listed, or proposed for listing, on the NPL, including Federal facilities. Permits related health activities to be performed in lieu of assessments for facilities that are so listed or proposed for ecological reasons only. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 213) Provides for research on exposure or tolerance limits for hazardous substances found commonly at NPL facilities in cases where adequate information on health effects of a substance is not available. Expands the duties of the ATSDR Administrator to require the Administrator to establish an inventory of exposure or tolerance limits for such substances. (Sec. 215) Directs the President, in any case in which a person is relocated in order to reduce exposure and eliminate health risks from hazardous substances, to provide to the individual the replacement value of the individual's residence. (Sec. 216) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to provide health services to communities affected by the release of hazardous substances. Makes funds available for such services for FY 2002 through 2006. (Sec. 217) 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 III: Right to Know - Requires the annual disclosure of certain information by potentially responsible parties at NPL facilities and owners or operators of facilities subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). Includes within such required disclosures information on quantities of certain hazardous substances and potential exposure of facility employees. Directs the Administrator to consolidate all annual reporting pursuant to title I of CERCLA and other Federal environmental laws to the extent not prohibited by such laws. Prescribes penalties for noncompliance with disclosure requirements. Amends EPCRA to permit the withholding of portions of information required to be disclosed under CERCLA for purposes of protecting trade secrets. (Sec. 302) Requires owners or operators of facilities subject to EPCRA reporting requirements to submit to the Administrator and State officials annual unstudied chemical release forms for each chemical subject to this section that was manufactured, processed, or used in quantities exceeding thresholds during the preceding year at the facility. Permits the Administrator to: (1) apply such requirements to other facilities that use unstudied chemicals, as appropriate; and (2) exclude a class of facilities in a Standard Industrial Classification Code that is required to report under EPCRA if unstudied chemicals will not cause certain adverse human health or environmental effects. Makes subject to the requirements of this section an unstudied chemical: (1) for which the information needed to complete a preliminary assessment of potential toxicity is not available; and (2) that is a compound containing at least carbon, hydrogen, and one or more of the elements chlorine, fluorine, or bromine or is a compound included on the 1990 High Production Volume List issued pursuant to the Toxic Substances Control Act. Authorizes the addition of chemicals subject to such requirements based on health or environmental effects or presence in human tissues, food stuffs, or drinking water. Excludes from reporting requirements chemicals: (1) that are listed under EPCRA; (2) that are high molecular weight polymers; or (3) for which information is publicly available. Sets forth provisions regarding information needed for preliminary assessment of potential toxicity of unstudied chemicals. Establishes threshold amounts of unstudied chemicals which trigger reporting requirements. Makes release form information publicly available. Authorizes petitions to the Administrator to compel certain actions under this title, including the exemption from reporting, addition of chemicals subject to reporting, and revision of thresholds. Requires the Administrator to establish a national unstudied chemicals inventory based on submitted data. Makes violations of this title subject to civil and administrative penalties under EPCRA. Provides trade secret protection for information disclosed under this title in the same manner as provided under EPCRA. Title IV: Environmental Justice - Directs the President, acting through the Secretary of Commerce, to publish a list of special priority areas which shall be geographic areas in which residents face a high degree of economic distress or social disenfranchisement. Provides for updates to such list no later than two years after each official census count on social and economic characteristics. Describes areas to be included on such list. Requires the President to advertise the right of petition for assessment of a hazardous substance release in such areas. Directs the President to publish a list of special priority facilities which shall be those facilities located in special priority areas that are: (1) listed in the Comprehensive Environmental Response, Compensation, and Liability Information System; (2) the subject of a petition; or (3) those the President considers appropriate. Establishes deadlines for completing preliminary assessments, site inspections, and hazard ranking of such facilities and for listing them on the NPL. Requires the President to ensure that a remedial action for any such facility on the NPL is completed within three years of placement on the NPL. Provides exceptions from placing such facilities on the NPL. Title V: Children's Environmental Health - Requires the ATSDR Administrator and the Administrator to create a scientifically peer-reviewed list of environmental pollutants commonly found at facilities listed or proposed for listing on the NPL with known or suspected health risks to which fetuses and children are especially susceptible. Provides for a toxicological profile for each listed substance. Directs the Administrator or the Secretary of Health and Human Services, as appropriate, to review and revise, where necessary, environmental and public health regulations, risk assessment policies and procedures, and guidance documents issued under CERCLA to determine whether they consider and fully protect fetal and children's health. Incorporates fetal and children's health concerns into all health research initiatives under CERCLA. Requires the ATSDR Administrator to develop: (1) guidelines for addressing fetal and children's health issues in health studies and research programs; and (2) criteria for determining when and what type of child-specific health study shall be conducted based on the results of a health assessment. Expresses the sense of the Congress that the costs of such research programs should be borne by the manufacturers and processors of the hazardous substance in question. Directs the ATSDR Administrator to: (1) establish an exposure registry for all children exposed to hazardous substances as the result of a release at an NPL facility where levels of exposure are significant for children's health; and (2) implement specified children's environmental health education and training programs. Requires all lists, profiles, studies, and research results conducted under this title to be reported or adopted only after appropriate peer review. Sets forth requirements for peer reviews. Title VI: Brownfield Remediation and Environmental Cleanup - Subtitle A: Brownfields - Directs the Administrator to establish a program to award grants to local governments to inventory and conduct site assessments of brownfield sites and provide training in the cleanup of such sites. Defines a "brownfield site" as land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence of hazardous substances, pollutants, or contaminants. Sets forth grant application requirements and grant conditions. Requires States to submit information to the Administrator on brownfield sites. Directs the Administrator to compile a National Brownfields Registry. Directs the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites, including associated rivers and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of affected brownfield sites. Sets forth grant application and agreement requirements. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. Authorizes the Administrator to award a grant to a State if necessary to facilitate the receipt of funds by local governments that do not have the capabilities to manage grants. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions and Federal facilities. Authorizes the President to make exceptions for excluded facilities and allow grants on a facility-by-facility basis. Makes amounts available from the Hazardous Substance Superfund (Superfund) to carry out the grant programs. Authorizes appropriations for FY 2001 through 2005. (Sec. 602) Authorizes the Administrator to award grants to, and enter into cooperative agreements with, States, Indian tribes, municipalities, and other specified agencies and organizations for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 603) Requires the Administrator to provide grants and other forms of assistance for brownfields workforce training programs in communities that contain brownfield sites. Subtitle B: Innocent Landowners and Prospective Purchaser Liability - 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 President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 622) 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 section and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 623) Exempts certain contiguous property owners from liability. Subtitle C: Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects and activities for economic redevelopment of brownfield sites. Authorizes appropriations for such grants for FY 2001 through 2005. Title VII: Natural Resource Damages - Adds the reasonable costs of recovering natural resource damages to the list of recoverable damages for which liable parties are responsible under CERCLA. (Sec. 703) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource damage assessments. (Sec. 704) Authorizes a trustee for natural resources to establish an administrative record on which the trustee will base the selection of a plan for restoration of the resource. Provides for participation of interested persons in the development of an administrative record. (Sec. 705) Provides that the presence of hazardous substances in sediments of U.S. waters above background or reference levels shall be sufficient to establish injury to natural resources for purposes of determining liability. Directs the Administrator and the appropriate natural resource trustees to report to Congress on how response, remedial, and restoration actions are restoring and protecting natural resources affected by the facilities of: (1) Hudson River, New York; (2) Newark and New York Bays, New York and New Jersey; (3) Housatonic River, Connecticut and Massachusetts; (4) New Bedford Harbor, Massachusetts; (5) Clark Fork River, Montana; (6) Lavaca Bay, Texas; (7) Palos Verdes, California; (8) Fox River, Wisconsin; (9) Coeur d'Alene, Idaho; and (10) Hanford, Washington. (Sec. 706) Requires natural resource trustees to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in restoration activities. (Sec. 707) Revises provisions regarding the statute of limitations on natural resource damage actions. (Sec. 708) Adds archaeological resources to the definition of "natural resources" under CERCLA. (Sec. 709) Authorizes citizen suits to recover natural resources damages. Title VIII: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. Requires Federal agencies to notify States and the Administrator of removal actions. Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substances releases for which a Federal agency is potentially responsible. Title IX: Liability - Provides exemptions to liability (including liability for contribution) for response costs for pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, a specified limited amount of hazardous substances. Absolves certain small parties of liability based on arrangement or acceptance provisions if the substance involved was municipal solid waste or sewage sludge. Removes a provision which excludes petroleum from the definition of "hazardous substance" under CERCLA. Provides that persons liable for willful releases of hazardous substances or threats thereof may be liable to the United States for punitive damages in an amount of up to two times the costs incurred by Superfund as a result of such a release. Title X: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2005. (Sec. 1007) Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 2000, and before January 1, 2006. 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. Title XI: Miscellaneous - Increases the ceiling on certain penalties under CERCLA. Prescribes penalties for specified additional violations. (Sec. 1103) Considers a remedial action that attains applicable requirements to be protective of human health and the environment unless the President determines otherwise. Directs the President to establish additional requirements to ensure such protection, as necessary. Provides that the decontamination regulations for site termination issued by the Nuclear Regulatory Commission (NRC) on July 21, 1997, shall not be considered sufficiently protective. Revises the definition of "federally permitted release" under CERCLA with respect to releases of source, special nuclear, or byproduct material in compliance with licenses, permits, regulations, or orders pursuant to the Atomic Energy Act of 1954 to apply such definition only if such licenses, permits, regulations, or orders adequately protect groundwater. Applies requirements of this Act pertaining to Federal facilities to facilities subject to licenses or decontamination regulations for license termination issued by the NRC. Amends environmental excise tax provisions to treat uranium dioxide as a taxable chemical only if it is used as a fuel in a nuclear reactor.

Making continuing appropriations for the fiscal year 2000, and for other purposes.

United States · United States Congress · 27 September 1999

Makes appropriations for FY 2000 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1999 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, 2000; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000; (3) the Department of Defense Appropriations Act, 2000; (4) the District of Columbia Appropriations Act, 2000; (5) the Energy and Water Development Appropriations Act, 2000; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000; (7) the Department of the Interior and Related Agencies Appropriations Act, 2000; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000; (9) the Legislative Branch Appropriations Act, 2000; (10) the Department of Transportation and Related Agencies Appropriations Act, 2000; (11) the Treasury and General Government Appropriations Act, 2000; and (12) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000. Continues funding of projects or activities at the current rate of operations and sets forth limitations on such funding. (Sec. 106) Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act (without any provision for the covered appropriation) or October 21, 1999, whichever occurs first. (Sec. 115) Continues certain activities authorized by the National Flood Insurance Act of 1968 through the date for which funding is provided under this resolution. (Sec. 116) Sets the rate of operations for reimbursement of past losses for the Commodity Credit Corporation Fund at $11.5 billion. (Sec. 117) Continues specified authorities of the Overseas Private Investment Corporation through the period of this joint resolution. (Sec. 118) Authorizes the use of funds to initiate or resume projects or activities at a rate exceeding the current rate to achieve Year 2000 (Y2K) computer compliance and for implementation of business continuity and contingency plans. (Sec. 119) Makes a specified amount available for decennial census programs for the period covered by this joint resolution. (Sec. 122) Extends, until November 1, 1999, a certain provision of law that allows fewer than three members of the Board of Directors of the Export-Import Bank of the United States to constitute a quorum.