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Bill· HRH.R. 3501 (106th)referred
United States · United States Congress · 18 November 1999
Stewardship Education, Recreation, and Volunteers for the Environment Act of 1999 - Authorizes the Secretary of Agriculture with respect to Forest Service lands, or the Secretary of the Interior with respect to lands managed by the Department of the Interior (Secretary concerned) to recruit, train, and accept the services of individuals and partnership organizations, without compensation, as volunteers to supplement the work of employees of each Federal land management agency (Bureau of Land Management, U.S. Fish and Wildlife Service, National Park Service, Bureau of Reclamation, and Forest Service) in the stewardship of the resources, values, and facilities of Federal lands. Provides for the Federal employment status of such individuals. Directs such Secretaries to jointly establish the Volunteer Passports Program to recognize the contributions of volunteers who complete specified hours of such volunteer service. Exempts volunteers receiving a passport under the Program from certain land or facility access or use fees charged by Federal land management agencies. Requires an implementation report from the Secretaries. Authorizes the Secretary concerned to enter into cooperative agreements with any partnership organization, academic institution, or State or local government agency to carry out cooperative projects or programs with a Federal land management agency for the stewardship of resources of Federal lands. Provides for the promotion of participation of students and other young people in the volunteer programs. Authorizes appropriations for FY 2001 through 2005.
Bill· HRH.R. 3507 (106th)referred
United States · United States Congress · 18 November 1999
Coal Miners' Unemployment Assistance Act of 1999 - Directs the Secretary of Labor to make payments of Federal supplemental unemployment benefits to unemployed coal miners who have exhausted their rights to regular unemployment benefits, and whose separation from employment is due to environmental laws or court orders directly related to the mining of coal. Sets forth other requirements relating to individual eligibility, period of eligibility, amount of weekly benefits, and Federal supplemental accounts. Authorizes appropriations.
Bill· HRH.R. 3448 (106th)referred
United States · United States Congress · 18 November 1999
Second Generation of Environmental Improvement Act of 1999 - Title I: Information Management - Requires the Administrator of the Environmental Protection Agency (EPA) to designate a Chief Information Officer for EPA to carry out the authorities of the Administrator under this title. Directs the Administrator to prepare a report for Congress proposing a set of national environmental performance indicators (quantitative measures designed to provide data on the quality of the environment over time) designed to: (1) focus EPA resources on the most critical environmental problems; (2) inform the public of progress toward meeting environmental goals; and (3) evaluate the success of innovative environmental strategies. Provides for an annual State of the Environment Report to Congress analyzing the measured levels of each environmental indicator. (Sec. 103) Directs the Administrator to submit to Congress a unified plan for all of EPA's information activities. Requires the plan to provide a scientifically and technically sound foundation for EPA programs and facilitate the development of a performance-based system of environmental protection and of innovative strategy agreements pursuant to this Act. (Sec. 104) Directs the Administrator to establish an Information Management Program to provide financial assistance to States and local entities to improve the accuracy and timeliness of environmental reporting and to meet the goals of the EPA plan. Requires the Administrator, acting through the Small Business Ombudsman, to create a program to provide technical and financial assistance to small businesses to help them meet the requirements of such plan. (Sec. 105) Directs the President to include in each budget submission a comprehensive analysis of the activities in each Federal agency devoted to measuring ambient environmental conditions and trends. (Sec. 106) Requires the Administrator to establish a program to publicly recognize persons who contribute to improved environmental monitoring and other measurement methods. Directs the Administrator to report to Congress on the length of time EPA has taken over the prior ten years to approve monitoring technologies and to recommend ways to: (1) reduce that time to get reliable monitoring information to EPA and the public more quickly; and (2) increase the deployment of existing technologies. (Sec. 108) Requires the Administrator to report to Congress on whether the Administrative Procedures Act should be amended to apply to information reporting requirements and the use of existing information to create new information products. (Sec. 109) Authorizes appropriations to carry out this title. Title II: Innovative Strategies - Authorizes the Administrator to enter into innovative strategy agreements with persons or governmental entities with good records of meeting statutory environmental standards to experiment with new approaches to regulation. (Sec. 204) Permits the Administrator, under such agreements, to: (1) modify or waive applicable agency rules or requirements; (2) allow a tiered approach under which monitoring and reporting requirements are loosened initially when emissions are significantly below those allowable under the agreement, with increased requirements as environmental performance gets closer to the emission, discharge, and other limitations in the agreement; (3) extend permit terms, expedite permit review, or provide multi-media permits; (4) establish facility-wide limitations on overall allowable emissions and discharges; (5) allow third-party or self-certification in lieu of frequent inspection; and (6) employ market-based strategies. (Sec. 205) Permits termination of agreements for noncompliance with terms. Authorizes civil actions against parties in violation of such agreements. (Sec. 209) Requires the Administrator to implement an employee incentive awards program that rewards employees and organizational units that demonstrate leadership in the planning, implementation, and evaluation of innovative environmental strategies and other activities that result in better environmental performance, greater economic efficiency in the public and private sectors, and expedited delivery and improved quality of public services. (Sec. 211) Authorizes appropriations to carry out this title.
Bill· HRH.R. 3449 (106th)referred
United States · United States Congress · 18 November 1999
Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency, upon the petition of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, or the consolidated metropolitan statistical area that includes the District of Columbia (these States comprise an ozone transport region), to waive or reduce any oxygen content requirement for reformulated gasoline for such States. Requires regulations for the use of reformulated gasoline to be revised by January 1, 2001, to provide a schedule for the reduction of the use of methyl tertiary butyl ether (MTBE) in such gasoline introduced into any State described above for which a waiver or reduction is in effect. Limits the maximum content of MTBE by volume for all gasoline to five percent by January 1, 2005. Permits reductions below this amount only upon petition by such a State and subject to a finding that further reduction of MTBE use is necessary to protect human health or the environment. Prohibits fuel or fuel additive manufacturers or processors from selling or introducing into commerce any reformulated gasoline for resale in States described by this Act for which oxygen content waivers or reductions are in effect unless the reduction of aggregate emissions of toxic air pollutants from baseline vehicles when using baseline gasoline shall annually average at least 27 percent.
Bill· HRH.R. 3464 (106th)referred
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.
Bill· HRH.R. 3446 (106th)referred
United States · United States Congress · 18 November 1999
Surface Transportation Board Reform Act of 1999 - Title I: Railroad Competition - Amends Federal transportation law to declare as primary objectives for U.S. rail transportation policy: (1) ensuring effective competition among rail carriers at origin and destination; (2) maintaining reasonable rates in the absence of such competition; (3) maintaining consistent and efficient rail transportation service to shippers, including the timely provision of railcars requested by them; and (4) ensuring that smaller carload and intermodal shippers are not precluded from accessing rail systems due to volume requirements. (Sec. 102) Requires a rail carrier, upon a shipper's request, to establish a rail transportation rate and provide service requested by the shipper between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged. Authorizes the shipper to challenge the reasonableness of the rate established. Requires the Surface Transportation Board to then determine the reasonableness of the rate so challenged without regard to whether: (1) the rate established is for only part of a movement between an origin and a destination; (2) the shipper has made arrangements for transportation for any other part of such movement; or (3) the shipper currently has a contract with a rail carrier for any part of the rail traffic at issue, provided that the rate prescribed by the Board shall not apply to transportation covered by such contract. (Sec. 103) Prohibits the Board from imposing fees in excess of $1,000 for certain administrative services collected from an eligible facility in connection with rail maximum rate complaints. Prohibits a rail carrier from charging a rate for shipments from or to an eligible facility which results in a revenue-to-variable cost percentage (using system average costs) for transportation service to which the rate applies that is greater than 180 percent. Requires a rail carrier to accept all requests for grain service from an eligible facility up to a maximum of 110 percent of the grain carloads shipped from or to the facility in the preceding calendar year. Authorizes an eligible facility to request that an alternative rail carrier provide such service using the tracks of the original carrier if such carrier does not initiate service within a specified time. Requires the alternative carrier to compensate the other carrier for use of its tracks. (Sec. 104) Changes from discretionary to mandatory the authority of the Board to require terminal facilities (including main-line tracks for a reasonable distance outside of a terminal) owned by a rail carrier providing rail transportation to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the carrier's ability to handle its own business. Declares that the Board, in making such determination, shall not require evidence of anticompetitive conduct by the rail carrier from which access is being sought. Makes similar changes to require rail carriers to enter into reciprocal switching agreements where such agreements are necessary to provide competitive rail service. (Sec. 105) Prohibits the Board from considering evidence of product or geographic competition when making market dominance determinations in rail rate proceedings. (Sec. 106) Amends U.S. rail transportation policy to repeal the mandate that the Board determine adequate revenues for rail carriers. (Sec. 107) Directs the Secretary of Transportation to require, by regulation, each rail carrier to submit a monthly report containing certain information, including its on-time performance, car availability deadline performance, average train speed, average terminal dwell time, the number of its cars loaded (by major commodity group), and other aspects of its performance as a rail carrier. Requires the Secretary to make such report available to the Board, Congress, and to the public. Title II: Protection of Collective Bargaining Agreements - Declares that a rail carrier, corporation, or person participating in the consolidation, acquisition of control, or merger of another rail carrier is exempt from the antitrust laws and from State and local laws governing such consolidations, mergers, and acquisitions of control of rail carriers to the extent necessary to let such rail carrier, corporation, or person carry out such transaction. Subjects, after such transaction is completed, the activities of a rail carrier participating in or resulting from such transaction to State and Federal law to the same extent as any other similarly situated rail carrier that has not participated in or resulted from such transaction. (Sec. 202) Revises certain requirements regarding the approval of the consolidation or merger of two or more rail carriers (including arrangements for the protection of the interests of rail carrier employees) by the Surface Transportation Board. Title III: Miscellaneous - Requires the Board in a proceeding involving the approval of the merger or control of at least two Class I railroads to consider at least, among other things, the: (1) safety and environmental effects of the proposed transaction, including the effect on local communities, and the public interest in enforcing Federal, State, and local safety and environmental laws; and (2) effect of such transaction on rail passenger transportation. Requires the Board to impose conditions with respect to such transaction to mitigate its effect on local communities when such conditions are in the public interest. (Sec. 302) Authorizes a commuter authority to make an agreement with a rail carrier or regional transportation authority to use facilities of, and have services provided by, the carrier or authority in the same manner and under the same conditions as may Amtrak. Requires the Board to ensure that commuter authorities are able to provide commuter rail passenger transportation that develops the potential of modern rail transportation to meet the commuter rail passenger transportation needs of the United States. (Sec. 303) Repeals provisions authorizing a rail carrier, without the approval of the Board, to enter into arrangements for the joint ownership or joint use of spur, industrial, team switching, or side tracks. (Sec. 304) Requires water carriers to make their tariffs containing the rates established for their transportation or service available electronically to any person, without time, quantity, or other limitation, through appropriate access from remote locations. Authorizes the assessment of a reasonable charge for such access (except no charge for such access may be assessed to a Federal agency). Title IV: Authorization of Appropriations - Authorizes appropriations.
Resolution· HRESH.Res. 399 (106th)referred
United States · United States Congress · 18 November 1999
Expresses the sense of the House of Representatives that the Congress: (1) commends States and localities, and in particular the Decatur School Board, in their efforts to combat school-based violence, including qualified zero-tolerance policies for violent actions; and (2) urges continued diligence in efforts to create a safe learning environment for our Nation's youth.
Resolution· HRESH.Res. 400 (106th)referred
United States · United States Congress · 18 November 1999
Expresses the sense of the House of Representatives that Earth Day should be officially established to draw attention to the impact of human activity on the natural environment, alert the world to environmental threats to human health and well-being, and advocate personal actions and public policies to promote and preserve a healthy, diverse, resilient, and productive world for our children.
Bill· SS. 1946 (106th)referred
United States · United States Congress · 17 November 1999
John H. Chafee Environmental Education Act of 1999 - Amends the National Environmental Education Act to rename it the John H. Chafee Environmental Education Act (the Act). (Sec. 2) Requires the Office of Environmental Education (OEE), within the Environmental Protection Agency (EPA), to: (1) develop and support balanced and scientifically sound programs; and (2) provide for implementation of the Act through the headquarters and regional offices of the EPA. Eliminates provisions for: (1) OEE administration of environmental internship and fellowship programs (internship programs are eliminated and fellowship program administration is transferred elsewhere later in this Act); (2) an OEE Director who is a member of the Senior Executive Service; and (3) a minimum of six full-time equivalent employees on the OEE headquarters staff (retains the maximum of ten). Authorizes the EPA Administrator to carry out OEE activities directly or through awards of grants, cooperative agreements, or contracts. (Sec. 3) Revises provisions for environmental education grants to decrease from 25 to 15 percent the portion of grant funds which must be used for grants of $5,000 or less. Prohibits environmental education grants from being used to support lobbying activities. Requires the EPA Science Advisory Board to review and approve the guidance before the EPA Administrator issues any guidance to grant applicants. (Sec. 4) Establishes the John H. Chafee Memorial Fellowship Program for the award and administration of five annual one-year graduate education fellowships in environmental sciences. (Eliminates provisions for OEE-administered environmental internships and fellowships.) Provides that such Fellowships are to stimulate innovative graduate level study and the development of expertise in complex, relevant, and important environmental issues and effective approaches to addressing those issues through organized programs of guided independent study and environmental research. Requires each $25,000 Fellowship to be made available to individual candidates through a sponsoring institution of higher education and an annual competitive selection process. Requires each Fellowship to focus on: (1) effective land and resource management; (2) innovative open space preservation; (3) science associated with such worldwide issues as global climate change and sustainable marine resources; or (4) any other issue that a sponsoring institution determines to be appropriate. Requires annual awards of two Fellowships by the University of Rhode Island. Allows three annual Fellowships to be applied for through any other sponsoring institution. Directs the National Environmental Learning Foundation (as renamed in this Act) to establish and administer the John H. Chafee Fellowship Panel to establish selection process criteria, receive and review applications, and select Fellowship recipients. Requires that Panel members with specified qualifications be appointed by a majority vote of the National Environmental Education Advisory Council. Directs the Foundation to make specified amounts available for such Fellowships and administrative expenses of the Fellowship Program. (Sec. 5) Revises provisions for national environmental education awards. Retains and revises provisions for: (1) President's Environmental Youth Awards; and (2) environmental education awards for elementary and secondary school teachers and their local educational agencies. (Eliminates provisions for awards named for Theodore Roosevelt, Henry David Thoreau, Rachel Carson, and Gifford Pinchot.) (Sec. 6) Revises provisions for the National Environmental Education Advisory Council and for the Federal Task Force on Environmental Education. Directs the EPA Administrator to appoint at least one Advisory Council member to represent each of the following sectors: (1) elementary schools and secondary schools; (2) colleges and universities; (3) not-for-profit organizations involved in environmental education; (4) State departments of education and natural resources; (5) business and industry; and (6) senior citizens. Revises requirements for Advisory Council meetings and reports. Opens membership on the Task Force to representatives of any Federal agency actively engaged in environmental education. (Sec. 7) Renames the National Environmental Education and Training Foundation as the National Environmental Learning Foundation. Increases the number of director's on the Foundation's Board. Allows the Foundation to acknowledge receipt of donations by listing the names of donors in materials it distributes, but prohibits such acknowledgment from: (1) appearing in educational material presented to students; or (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. Eliminates a time limit on the EPA Administrator's provision of administrative services and support to the Foundation. (Sec. 8) Extends through FY 2005 the authorization of appropriations to EPA to carry out the Act, with specified portions for: (1) OEE activities; (2) the environmental education and training program; (3) environmental education grants; and (4) Foundation activities. Directs the EPA Administrator to submit an annual report to Congress on the activities for which such funds were expended.
Bill· SS. 1948 (106th)open
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.
Bill· SS. 1949 (106th)referred
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.
Bill· SS. 1945 (106th)referred
United States · United States Congress · 17 November 1999
Biofuels Air Quality Act - Amends Federal highway provisions (with respect to the congestion mitigation and air quality improvement program) to direct the Secretary of Transportation to consider the extent to which a proposed project or program reduces sulfur or atmospheric carbon emissions. Allows States receiving minimum apportionments to use funds under the program for renewable fuel projects (specified below). Modifies provisions regarding renewable fuel projects to expand coverage to include: (1) publicly and nonprofit (currently, limited to privately) owned vehicles or vehicle fleets; and (2) costs of renewable fuel, consisting of any fuel produced from grain, oilseeds, or other biomass (including biodiesel), that is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate motor vehicles.
Bill· HRH.R. 3417 (106th)open
United States · United States Congress · 17 November 1999
Pribilof Islands Transition Act - Amends the Fur Seal Act of 1966 to replace provisions establishing and providing for the administration of the Pribilof Islands Trust with provisions directing the Secretary of Commerce to provide assistance to any city government, village corporation, or tribal council of St. George or St. Paul, Alaska, to: (1) reimburse grantee costs in upgrading or replacing Federal infrastructure or facilities transferred to the grantee under existing provisions; or (2) promote the development of a stable, self-sufficient, enduring, and diversified Pribilof economy not dependent on sealing. Allows, notwithstanding any other provision of law, the use of those funds as non-Federal matching funds under any Federal program that requires matching funds. Directs the Secretary, subject to appropriations, to assist the State of Alaska for designing, locating, constructing, redeveloping, permitting, or certifying solid waste management facilities on the Islands necessitated by the National Oceanic and Atmospheric Administration's (NOAA's) administration of the Islands under the Act to be operated under an Alaska permit. Authorizes appropriations. (Sec. 4) Replaces provisions of such Act requiring the reporting to specified congressional committees of the fair market value of transferred property with provisions mandating a report to specified congressional committees including a description of transferred property, a description of all property that is going to be conveyed, and an identification of all Federal property on the Islands that will be retained by the Federal Government. (Sec. 5) Declares that the Secretary has no obligation to provide for the development of any form of economy on the Islands not dependent on sealing (but states that this does not affect causes of action under specified provisions arising before enactment of this Act). Terminates all obligations of the Secretary to: (1) convey property under existing provisions; and (2) carry out cleanup activities related to NOAA's administration and a specified environmental restoration agreement between NOAA and Alaska. Makes the previous sentence applicable when: (1) Alaska determines that all responsibilities of the Secretary, the Department of Commerce, and the United States under that agreement have been fulfilled; (2) the Secretary has completed the cleanup required under specified provisions of Federal law; (3) the Secretary determines that the properties identified for transfer in an existing document can be unconditionally offered for conveyance; and (4) the Secretary determines that all amounts authorized under the Fur Seal Act of 1966 have been appropriated and obligated. Repeals, effective when the conditions of the previous sentence are met, provisions of: (1) the Fur Seal Act of 1966 relating to the property conveyance and related matters; and (2) Federal law relating to the cleanup of landfills and wastes left by NOAA. Prohibits any Federal agency or department from seeking financial contributions from any Pribilof Natives for the cleanup costs or fees incurred by the Secretary under the agreement or specified provisions of Federal law. Declares that this Act does not affect the obligation of the Secretary or any Federal department or agency under three specified documents. (Sec. 7) Authorizes appropriations to carry out provisions of Federal law relating to the cleanup of landfills and wastes left by NOAA. Authorizes the Secretary to provide Alaska a limited amount per year to establish and capitalize a revolving fund to be used by the State for low interest loans to Pribilof Natives to assess, respond, remediate, and monitor contamination from lead paint, asbestos, and petroleum from underground storage tanks that resulted from NOAA administration of the Islands under the Fur Seal Act of 1966.
Bill· HRH.R. 3433 (106th)referred
United States · United States Congress · 17 November 1999
Breast Cancer and Environmental Research Act of 1999 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight centers for the conduct of multidisciplinary research on environmental factors that may be related to the etiology of breast cancer. Requires each center to: (1) conduct basic and clinical research; (2) develop protocols for training health professionals; (3) conduct training programs for such individuals; (4) develop model continuing education programs for such professionals; and (5) disseminate information to such professionals and the public. Authorizes a center to provide stipends for professionals enrolled in the program. Allows grant support for a center for up to five years, with authorized extensions. Requires an equitable geographic distribution of such centers. Authorizes appropriations for FY 2000 through 2005.
Bill· HRH.R. 3423 (106th)open
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.
Bill· SS. 1925 (106th)open
United States · United States Congress · 16 November 1999
Lake Tahoe Restoration Act - States that the Lake Tahoe Basin Management Unit shall be administered by the Secretary of Agriculture, acting through the Chief of the Forest Service, in accordance with this Act and the laws applicable to the National Forest System. (Sec. 5) Directs the Secretary to consult with the Tahoe Regional Planning Agency and other specified entities. (Sec. 6) Directs the Secretary to develop an environmental restoration priority list for the Lake Tahoe Basin. Sets forth project areas, including: (1) erosion and sediment control; (2) acquisition of environmentally sensitive land; (3) fire risk reduction; (4) cleaning up methyl tertiary butyl ether contamination; and (5) parking and traffic management. Directs the Secretary to make a specified payment to the Agency and the South Tahoe Public Utility District to develop a hydrocarbon contamination cleanup plan. Authorizes appropriations for priority projects. (Sec. 7) Amends Federal law with respect to certain environmental improvement payments to localities in the Basin area to: (1) make public utilities eligible recipients; (2) revise funding provisions, including limiting fund use to projects that are part of the environmental improvement program adopted by the Agency; and (3) authorize appropriations. Prohibits land acquisitions within the Unit from an unwilling private party. (Sec. 9) States that funding under this Act shall be in addition to other funding and shall not be drawn from other National Forest System units. Sets forth matching requirements for Nevada and California. (Sec. 12) Authorizes appropriations.
Law· HRH.R. 3388 (106th)enacted
United States · United States Congress · 16 November 1999
Lake Tahoe Restoration Act - States that the Lake Tahoe Basin Management Unit shall be administered by the Secretary of Agriculture, acting through the Chief of the Forest Service, in accordance with this Act and the laws applicable to the National Forest System. (Sec. 5) Directs the Secretary to consult with the Tahoe Regional Planning Agency and other specified entities. (Sec. 6) Directs the Secretary to develop an environmental restoration priority list for the Lake Tahoe Basin. Sets forth project areas, including: (1) erosion and sediment control; (2) acquisition of environmentally sensitive land; (3) fire risk reduction; (4) cleaning up methyl tertiary butyl ether contamination; and (5) parking and traffic management. Directs the Secretary to make a specified payment to the Agency and the South Tahoe Public Utility District to develop a hydrocarbon contamination cleanup plan. Authorizes appropriations for priority projects. (Sec. 7) Amends Federal law with respect to certain environmental improvement payments to localities in the Basin area to: (1) make public utilities eligible recipients; (2) revise funding provisions, including limiting fund use to projects that are part of the environmental improvement program adopted by the Agency; and (3) authorize appropriations. Prohibits land acquisitions within the Unit from an unwilling private party. (Sec. 9) States that funding under this Act shall be in addition to other funding and shall not be drawn from other National Forest System units. Sets forth matching requirements for Nevada and California. (Sec. 12) Authorizes appropriations.
Bill· HRH.R. 3378 (106th)referred
United States · United States Congress · 16 November 1999
Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 1999 - Authorizes the U.S. section of the International Boundary and Water Commission, United States and Mexico, subject to the negotiation and conclusion of a new Treaty Minute pursuant to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande or the amendment of Treaty Minute 283, to provide for the secondary treatment of effluent from the Advanced Primary Wastewater Treatment Facility (IWTP) in Mexico. Permits the Commission to enter into a fee-for-services contract with the owner of the Mexican Facility (proposed wastewater treatment facility to be constructed within Mexico for treating sewage flows generated within Mexico, which flows impact U.S. and Mexican surface waters, health, and safety) to provide for: (1) secondary treatment of effluent from the IWTP if such treatment is not provided for at a U.S. facility; and (2) primary and secondary treatment of up to 50 million gallons per day of additional sewage from the Tijuana area to ensure that untreated sewage will not flow into the United States through the Tijuana River. Sets forth contract requirements. Requests the Secretary of State to give the highest priority to the negotiation and execution of a new Treaty Minute or a modification of Treaty Minute 283 in order that the other provisions of this Act to address river and ocean pollution in the San Diego U.S.-Mexico border region may be implemented as soon as possible. Requests the Secretary to initiate such negotiations with Mexico. Requires the new or modified Treaty Minute to be subject to the provisions of the National Environmental Policy Act of 1969. Authorizes appropriations.
Law· HRH.R. 3381 (106th)enacted
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.
Bill· HRH.R. 3397 (106th)referred
United States · United States Congress · 16 November 1999
Indian Health Care Improvement Act Amendments of 2000 - Amends the Indian Health Care Improvement Act (the Act) to require funding authorized for programs under title I (Indian health, human resources, and development) of the Act to be allocated by service area under a formula developed in consultation with Indian tribes, tribal organizations, and urban Indian organizations. Empowers the Director of the Indian Health Service (IHS) with the administration of Indian health professions scholarships. Requires all recipients of such scholarships awarded after 2001 to meet the active duty service obligation (service with the IHS or related service for Indians) within the service area from which the scholarship was awarded. Requires the Secretary of Health and Human Services (HHS) to make funds available to Indian tribes and tribal organizations to assist such entities in educating Indians to serve as health professionals in Indian communities, as long as such Indians are enrolled or accepted for enrollment in a course of study in one of the health professions contemplated by the Act. Requires a written contractual agreement from such recipients to provide service in an Indian health program in the same service area where the entity providing the scholarship is located. Provides Indian health scholarship recipients a preference for IHS employment or authorizes employment by a program of an Indian tribe, tribal organization, or urban Indian organization, or other HHS agencies, as available. Adds Indian tribes and tribal organizations as participants in the Community Health Representative Program under the Act, which provides for the training and use of Indians as community health representatives (currently, as community health paraprofessionals). Allows participants completing a term of education under the Indian Health Service Loan Repayment Program to be employed within an Indian urban organization. Discontinues the annual authorization of appropriations for the Indian Health Scholarship and Loan Repayment Recovery Fund. Authorizes the Secretary to reimburse health professionals seeking positions with Indian tribes, tribal organizations, or urban Indian organizations (currently, only those seeking employment with the IHS) for certain recruitment evaluation expenses. Limits to three years demonstration programs to enable Indian tribes, tribal organizations (current law), and urban Indian organizations to recruit, place, and retain Indian health professionals. Requires health professionals from urban Indian organizations to be given an equal opportunity to participate in a demonstration program to enable Indian health professionals to pursue advanced training or research in needed areas of study. Discontinues the annual authorization of appropriations for the Indian Nursing Program. Requires the Secretary to award grants to community colleges for programs which provide education in a health profession for individuals who desire to practice such profession in the IHS or a tribal health program (currently, only on an Indian reservation or tribal clinic). Provides a funding priority for tribally controlled colleges in service areas where they exist. Authorizes the Secretary to pay a retention bonus to any health professional (currently, physician or nurse) employed by or assigned to, and serving in, Indian tribes, tribal organizations, or urban Indian organizations (currently, only in the IHS) who meet specified requirements. Directs the Secretary to develop and operate a National Community Health Aide Program based on the current Community Health Aide Program for Alaska. Authorizes the Secretary to fund pilot programs for tribes and tribal organizations to address the chronic shortages of health professionals. Deems scholarships provided under title I of the Act as "qualified scholarships" and therefore excluded from gross income for purposes of the Internal Revenue Code. Makes a certain prohibition on the Secretary removing a member of the National Health Service Corps from an Indian health program applicable to health programs operated by urban Indian organizations as well. Requires all service areas served by programs operated by the IHS, tribes, tribal organizations, or urban Indian organizations to be designated as Health Professional Shortage areas under the Public Health Service Act. Authorizes appropriations through FY 2012 to carry out title I of the Act. Provides additional authorized uses for funds appropriated under the authority of provisions regarding the Indian Health Care Improvement Fund. Authorizes such funds to be allocated to Indian tribes or tribal organizations. Requires funds provided through the Indian Catastrophic Health Emergency Fund to be administered by service area offices based upon priorities determined by the Indian tribes and tribal organizations within each area. Increases the cost level required to qualify for payments from the Fund. Requires the Secretary to continue to fund through FY 2012 each model diabetes project in existence on the date of enactment of this Act. Directs the Secretary to include funding to establish dialysis programs. Authorizes the Secretary to enter into arrangements with Indian tribes or tribal organizations for the delivery of long-term care and similar services to Indians on a shared- services basis. Directs the Secretary to make funding available for research to further the performance of the health service responsibilities of the IHS, Indian tribes, and tribal organizations and to coordinate the activities of other agencies within HHS to address such research needs. Directs the Secretary to provide mammography and other cancer screening through Indian tribes or tribal organizations (currently, only through the IHS). Requires the Secretary to pay certain patient travel costs through Indian tribes and tribal organizations (currently, only through the IHS). Revises provisions regarding epidemiology centers. Directs the Secretary to provide funding to Indian tribes, tribal organizations, and urban Indian organizations (currently, Indian tribes) to develop comprehensive school health education programs for children from preschool through grade 12 in schools (currently, schools on reservations) for the benefit of Indian and urban Indian children. Includes urban Indian preadolescent and adolescent youth within a program for innovative mental and physical disease prevention and health promotion and treatment. Authorizes the Secretary to make funding available to Indian tribes and tribal organizations for the prevention, control, and elimination of communicable and infectious diseases. Authorizes the Secretary, acting through the IHS, Indian tribes, and tribal organizations, to provide funding for other health care services and programs not otherwise described in the Act, including hospice care and assisted living, long-term health care, home- and community-based services, public health functions, and traditional health care practices. Directs the Secretary, acting through the IHS, Indian tribes, tribal organizations, and urban Indian organizations, to provide funding to monitor and improve the quality of health care for Indian women of all ages through the planning and delivery of programs administered by the IHS. (Currently, an Office of Indian Women's Health Care has such monitoring duty.) Revises provisions regarding nuclear resource development health hazards to direct the Secretary and the IHS to conduct studies and ongoing monitoring programs to determine trends in health hazards to Indian miners and to Indians on or near Indian reservations and in Indian communities as a result of environmental hazards which may result in chronic or life-threatening health problems. Extends through FY 2012 the designation of Arizona as a contract health service delivery area for purposes of providing health care services to members of federally recognized Arizona Indian tribes. Authorizes the Secretary to fund a program using the California Rural Indian Health Board as a contract care intermediary to improve the accessibility of health services to California Indians. Allows certain counties in California that are currently excluded from the contract health services delivery area to be included in such area if funding is provided by the IHS for such services in those counties. Requires the IHS to provide funds for health care programs and facilities operated by Indian tribes and tribal organizations under funding agreements entered into under the Indian Self-Determination and Education Assistance Act (ISDEA) on the same basis as such funds are provided to programs and facilities operated directly by the IHS. Exempts from State licensing requirements health care professionals employed by Indian tribes and tribal organizations to carry out the above funding agreements if such individuals are licensed in any other State. Allows elderly or disabled Indians receiving emergency medical care or services from a non-IHS provider or in a non-IHS facility 30 days to notify the IHS of such treatment or admission. Extends through FY 2012 the authorization of appropriations for title II (health services) of the Act. Prohibits the closure of any hospital, outpatient health care, inpatient service, or special care facility operated by the IHS if the Secretary has not submitted to Congress at least one year prior to such proposed closure an evaluation of the impact of such closure. Directs the Secretary to establish a health care facility priority system. Directs the Secretary, beginning in the year 2000, to annually transmit to the President a report setting forth the needs of the IHS and all Indian tribes and tribal organizations for inpatient, outpatient, and specialized care facilities. Directs the Secretary to consult and cooperate with Indian tribes, tribal organizations, and urban Indian organizations in developing innovative approaches to address unmet needs for the construction of health facilities. Provides authority for the Secretary to use specified appropriated funds for providing sanitation facilities and related services to Indian tribes and tribal organizations. Requires the Secretary to: (1) enter into inter-agency agreements with appropriate Federal agencies to provide financial assistance for safe water supply and sanitary sewage disposal facilities under the Act; and (2) establish standards applicable to the planning, design, and construction of water supply and sanitary sewage and solid waste disposal facilities funded under the Act. Makes the Indian family, community, or tribe primarily responsible for establishing, collecting, and using reasonable user fees for operating and maintaining sanitation facilities. Revises the defined water sanitation deficiency levels for facilities serving an Indian individual or community. Exempts construction or renovation of facilities constructed or renovated by funds made available under title III (facilities) of the Act from the Davis-Bacon Act. Authorizes the Secretary to accept any major expansion (currently, only renovation or modernization) by an Indian tribe of any IHS facility or any other Indian health facility operated pursuant to a funding agreement entered into under ISDEA.Revises grant eligibility requirements with respect to the construction, expansion, or modernization of ambulatory care facilities. Authorizes all Federal agencies to transfer land and improvements to the IHS at no cost for the provision of health care services. Makes certain provisions that authorize leases with Indian tribes applicable to tribal organizations as well. Considers such leases as operating leases for purposes of scoring under the Budget Enforcement Act of 1990. Establishes in the Treasury the Health Care Facilities Loan Fund to provide Indian tribes and tribal organizations direct loans, or guarantees for loans, for construction of health care facilities and related facilities and staff quarters. Authorizes appropriations. Authorizes Indian tribes and tribal organizations (currently, only Indian tribes) providing health care services pursuant to a funding agreement under the ISDEA to lease permanent structures for providing health care services without obtaining advance approval in appropriations Acts. Directs the Secretary to establish joint venture demonstration projects under which an Indian tribe or tribal organization shall expend tribal, private, or other available funds for the acquisition or construction of a health care facility for a minimum of ten years under a no-cost lease, in exchange for agreement by the IHS to provide the equipment, supplies, and staffing for such facility. Makes an Indian tribe or tribal organization liable for noncompletion of such a project. Adds Alaska Native lands to the definition of "Indian lands" for purposes of giving priority to locating Bureau of Indian Affairs and IHS facilities on such lands. Requires an annual report from the Secretary to the President identifying the backlog of maintenance and repair work required at both IHS and tribal health care facilities. Authorizes an Indian tribe or tribal organization which operates a hospital or other health care facility and the federally owned quarters associated therewith pursuant to a funding agreement under the ISDEA to establish the rental rates charged, and to notify the Secretary of its election to exercise such authority. Requires rental occupants to be notified at least 60 days in advance of a change in rental rates by an Indian tribe or tribal organization. Authorizes such tribe or organization to collect rents directly from Federal employees occupying such quarters, under specified conditions and procedures. Authorizes the Secretary to accept from any source funds for the construction of Indian health care facilities, and to enter into funding agreements with other Federal entities for such purposes. Extends through FY 2012 the authorization of appropriations for title III of the Act. Requires the Secretary, in making payments to IHS service units for services rendered to Indians eligible for benefits under title XIX (Medicaid), to ensure that each such unit receives 100 (currently 80) percent of the amounts to which such facilities are entitled under the Medicaid provisions.Directs the Secretary to make grants to, or enter into funding agreements with, Indian tribes (currently, only tribal organizations) for establishing and administering programs on or near Indian reservations and trust areas and Alaska Native villages to assist Indians to enroll and apply for Medicare, Medicaid, and child health assistance under XXI (Children's Health Insurance) of the Social Security Act. Requires the Secretary to make grants or enter into contracts with urban Indian organizations for the provision of such assistance to urban Indians. Makes permanent (currently a demonstration project) a program under which an Indian tribe or tribal organization may directly bill and receive reimbursement for health care services provided for which payment is made under Medicare, Medicaid, a State's children's insurance health plan approved under title XXI (Children's Health Insurance) of the Social Security Act, or from any other third-party payor. Applies to urban Indian organizations a certain right to recovery of expenses incurred by the United States, Indian tribes, or tribal organizations in providing health services. Provides for the enforcement of such right of recovery. Authorizes tribes, tribal organizations, and urban Indian organizations to use funding from the Secretary under this Act to purchase managed care coverage for IHS beneficiaries. Directs the Secretary to examine, and report to Congress on, the feasibility of entering into or expanding existing arrangements for the sharing of medical facilities and services between the IHS and the Department of Veterans Affairs and other appropriate Federal agencies. Authorizes the IHS Director to enter into agreements with other Federal agencies to assist in achieving parity in health services for Indians. Makes the IHS and programs operated by Indian tribes, tribal organizations, and urban Indian organizations the payor of last resort for services provided to persons eligible for services from these programs, notwithstanding contradicting Federal, State, or local law, unless such law explicitly provides otherwise. Makes such entities eligible to receive payment or reimbursement for services provided by such entities from any federally funded health care program, unless there is an explicit prohibition on such payments in the applicable authorizing statute. Authorizes the IHS service unit in Tuba City, Arizona, to enter into a demonstration project with Arizona under which the IHS would provide certain Medicaid services to IHS/Medicaid eligibles in return for payment from the State. Entitles an Indian tribe or tribal organization carrying out programs under the ISDEA, or an urban Indian organization carrying out programs under title V of the Act, to purchase Federal health and life insurance for the employees of such tribe or organization. Requires certain consultation with Indian tribes, tribal organizations, and urban Indian organizations prior to the adoption of any policy or regulation by the Health Care Financing Administration. Authorizes the IHS, an Indian tribe, or tribal organization to apply for a waiver of certain Medicare, Medicaid, or Children's Health Insurance sanctions. Excludes from the definition of "remuneration," for purposes of specified provisions of the Social Security Act, certain exchanges of value between or among the IHS, Indian tribes, tribal organizations, and urban Indian organizations related to the provision of health care services. Prohibits any Indian eligible for services under Medicare, Medicaid, or Children's Health Insurance of the Social Security Act from being charged a deductible or other payment for any service provided by or through the IHS, an Indian tribe, tribal organization, or urban Indian organization. Excludes certain income and property from the estate, for purposes of eligibility for services or implementing estate recovery rights under Medicare, Medicaid, or Children's Health Insurance. Prohibits a parent from being responsible for reimbursing the Federal Government or a State for the cost of medical services provided to a child through the IHS, an Indian tribe, tribal organization, or urban Indian organization. Provides such entities with a right of recovery from all private and public health plans for the reasonable costs of delivering health services to Indians entitled to receive services. Requires States entering into agreements with one or more managed care organizations to provide services under Medicaid or Children's Health Insurance to enter into such an agreement with the IHS, an Indian tribe, tribal organization, or urban Indian organization that can provide services to Indians who may be eligible or required to enroll in such a managed care plan. Authorizes the Secretary to treat the Navajo Nation as a State, for purposes of Medicaid, to provide services to Indians living within the boundaries of the Navajo Nation. Directs the Health Care Financing Administration to establish and fund a National Indian Technical Advisory Group and an Indian Medicaid Advisory Committee. Extends through FY 2012 the authorization of appropriations for title IV (access to health services) of the Act. Authorizes the Secretary, through the IHS, to contract with, or make grants to, an urban Indian organization that provides or arranges for the provision of health care services to urban Indians in more than one urban center. Changes from quarterly to semiannually certain reporting requirements of urban Indian organizations receiving or expending funds pursuant to a grant or contract with respect to health care services provided to urban Indians. Authorizes the Secretary to make grants to contractors or other recipients for the lease, purchase, renovation, construction, or expansion of facilities in order to assist them in complying with licensure or certification requirements. Authorizes the Secretary, acting through the IHS or the Health Resources and Services Administration, to provide loans to such entities from the Urban Indian Health Care Facilities Revolving Loan Fund (established herein) for the construction, renovation, expansion, or purchase of health care facilities. Redesignates the Branch of Urban Health Programs as the Office of Urban Indian Health. Includes among office responsibilities the provision of technical assistance to urban Indian organizations. Treats the Tulsa Clinic demonstration project as a permanent program within the IHS direct care program and as a service unit in the allocation of resources and coordination of Indian health care. Requires grants or contracts made or entered into by the Secretary for the administration of urban Indian alcohol programs to become effective no later than September 30, 2001.Directs the Secretary to ensure that the IHS, the Health Care Financing Administration, and other operating and staff divisions of HHS consult with urban Indian organizations prior to taking any action, or approving Federal financial assistance for any action, that may affect urban Indians or urban Indian organizations. Deems an urban Indian organization that has entered into a contract or received a grant pursuant to title V (health services for urban Indians) of the Act to be part of the Public Health Service while carrying out such contract or grant for purposes of coverage under the Federal Tort Claims Act. Directs the Secretary to make payments for the construction and operation of at least two residential alcohol treatment centers in each State where there reside urban Indian youth with a need for alcohol and substance abuse treatment services and at which there is a significant shortage of such services. Directs the Secretary to permit an urban Indian organization that has entered into a contract or received a grant under title V of the Act to use existing facilities and equipment and other personal property owned by the Federal Government, including that determined to be excess to the needs of the IHS or the General Services Administration. Authorizes the Secretary to make grants to those urban Indian organizations that have entered into a contract or grant under title V of the Act for the provision of services for the prevention, treatment, and control of complications resulting from, diabetes among urban Indians. Authorizes the Secretary, through the IHS, to enter into contracts with, and make grants to, urban Indian organizations for the use of Indians trained as health service providers through the Community Health Representatives Program in the provision of health care, health promotion, and disease prevention services to urban Indians. Extends through FY 2012 the authorization of appropriations for title V and VI (organizational improvements) of the Act. Directs the Secretary, acting through the IHS, Indian tribes, and tribal and urban Indian organizations, to encourage Indian tribes and tribal organizations to participate in developing area-wide plans for Indian Behavioral Health Services, including plans for treating substance abuse, mental illness, and dysfunctional and self-destructive behavior (suicide, child abuse, and family violence) among Indians. Requires the establishment of a national clearinghouse for such plans and related information. Authorizes technical assistance to Indian tribes, tribal organizations, and urban Indian organizations to develop community behavioral health plans. Directs the Secretary, acting through the IHS and Indian tribes and tribal organizations, to provide a program of comprehensive behavioral health, prevention, treatment, and aftercare for Indian tribes. Requires the development of criteria for the certification of behavioral health service providers and accreditation of service facilities providing such care. Directs (currently, authorizes) the Secretary to make funds available to urban Indian organizations to develop and implement a comprehensive behavioral health program (currently, an alcohol and substance abuse program) of prevention, intervention, treatment, and relapse prevention services that specifically address the spiritual, cultural, historical, social, and child care needs of Indian women, regardless of age. (Currently, such funding is available only to Indian tribes and tribal organizations.) Includes behavioral health services within a current program for acute detoxification and treatment for Indian youth. Authorizes the Secretary to provide specified intermediate behavioral health services to Indian children and adolescents. Requires Indian tribes or tribal organizations (currently, only the Secretary) to develop and implement within each IHS service unit community- based rehabilitation and follow-up services for Indian youth who are having significant behavioral health problems and require long-term treatment, community reintegration, and monitoring after their return to their home community. Provides for the inclusion of family members of such youth in their treatment. Directs the Secretary, acting through the IHS, Indian tribes, and tribal and urban Indian organizations, to provide programs and services to prevent and treat the abuse of multiple forms of substances, including alcohol, drugs, inhalants, and tobacco, among Indian youth residing in Indian communities, on Indian reservations, and in urban areas and to provide appropriate mental health services to address the incidence of mental illness among such youth. Directs the Secretary, acting through the IHS and Indian tribes and tribal organizations, to provide, in each IHS service area, not less than one inpatient mental health care facility for Indians with behavioral health problems. Requires the Secretary to develop and implement (or provide funding to enable Indian tribes and tribal organizations to implement) programs of behavioral health (currently, alcohol and substance abuse) community leadership training and education. Directs the Secretary, acting through Indian tribes and tribal and urban Indian organizations, to establish and operate fetal alcohol disorders programs in order to meet specified health status objectives. (Currently, the Secretary is authorized to make grants to Indian tribes and tribal organizations to establish such programs.) Redesignates a task force established for such purposes as the Fetal Alcohol Disorders Task Force. Includes urban Indian organizations as entities eligible for funding from the Secretary for such programs. Directs the Secretary and the Secretary of the Interior, acting through the IHS, Indian tribes, and tribal organizations, to establish programs involving treatment for both victims and perpetrators of child sexual abuse. Directs the Secretary to provide funding to Indian tribes, tribal organizations, and urban Indian organizations, or make appropriate contracts or grants, for research on the incidence and prevalence of behavioral health problems among Indians served by the IHS or such tribes or organizations. Extends through FY 2012 the authorization of appropriations for title VII (behavioral health programs) of the Act. Requires the President to include in required annual reports to Congress reports on various programs established under this Act. Requires regulations implementing amendments to the Act to be negotiated by a rulemaking committee made up of representatives of the Federal Government, Indian tribes, tribal organizations, and urban Indian organizations. Directs the Secretary to prepare and submit to Congress a plan explaining the manner and schedule by which the Secretary will implement provisions of the Act, as amended by this Act. Directs the Secretary to provide services and benefits for Indians in Montana in a manner consistent with the decision of the United States Court of Appeals for the Ninth Circuit in McNabb for McNabb v. Bowen. Directs the IHS to provide health care services during a moratorium period in which certain service eligibility criteria are being developed. Establishes the National Bipartisan Indian Health Care Entitlement Commission to: (1) establish a Study Committee to study the extent of Indian health services needs; (2) review and analyze the Study Committee's report; and (3) make recommendations to Congress for providing health services for Indians as an entitlement. Authorizes appropriations for the Commission. Extends through FY 2012 the authorization of appropriations under title VIII (miscellaneous) of the Act.
Bill· HRH.R. 3387 (106th)referred
United States · United States Congress · 16 November 1999
Repeals a provision of the Department of Defense Appropriations Act, 2000 which prohibits the use of Department of Defense (DOD) funds to pay environmental fines and penalties imposed against DOD unless such payment has been specifically authorized by law.
Bill· SS. 1915 (106th)open
United States · United States Congress · 10 November 1999
Small Community Assistance Act of 1999 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a small community advisory committee or reconstitute an existing small community advisory committee. Directs the Administrator to develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under the Regulatory Flexibility Act of 1980, the Small Business Regulatory Enforcement Fairness Act of 1996, and title II of the Unfunded Mandates Reform Act of 1995. Directs each EPA regional office to establish a Small Town Ombudsman Office to serve as an advocate for small communities and a facilitator for addressing small community concerns and programs. Requires the Offices to establish a regular, ongoing consultation process with small communities to involve them in the process of implementing, creating, and informing the public about environmental regulations, guidance, and policies and provide other appropriate assistance. Directs the Offices to survey small communities every five years to provide information for use in regulatory planning, development, and outreach. Requires the Administrator to distribute to small communities a guide to Federal environmental requirements for small communities. Directs the Administrator to implement a plan for periodically obtaining feedback from small communities on the effectiveness of EPA in involving such communities in regulatory development and implementation and reaching out to such communities to provide educational and other assistance. Authorizes appropriations.
Law· HRH.R. 3292 (106th)enacted
United States · United States Congress · 10 November 1999
Establishes the Cat Island National Wildlife Refuge in West Feliciana Parish, Louisiana, for the conservation and enhancement of wetlands, general wildlife management, protection and enhancement of endangered species, promotion of compatible fish and wildlife-oriented recreational activities, and promotion of increased stewardship of natural resources through environmental education, interpretation, and other outreach methods. Permits the Secretary of the Interior, acting through the U.S. Fish and Wildlife Service, to use such additional statutory authority as the Secretary deems appropriate for conservation and development of wildlife and natural resources, water supplies, and water control structures, outdoor recreational activities, and interpretive education. Directs the Secretary to seek to acquire specified lands and interests on Cat Island and adjacent water areas for inclusion in such Refuge. Authorizes appropriations.
Bill· HRH.R. 3313 (106th)open
United States · United States Congress · 10 November 1999
Long Island Sound Restoration Act - Amends the Federal Water Pollution Control Act to require the office established to assist the Management Conference of the Long Island Sound Study (Management Conference) to assist in efforts to establish a system for trading nitrogen credits within the process for granting watershed general permits. Authorizes States, in making assistance available for the upgrading of wastewater treatment facilities under provisions regarding the Long Island Sound, to give priority to a distressed community. Provides for negative interest rates on loans made to such communities for implementation of the Comprehensive Conservation and Management Plan for Long Island Sound (Plan). Extends through FY 2003 the authorization of appropriations for: (1) carrying out the Management Conference; and (2) making grants for projects and studies to implement the Plan. Increases the maximum amount available for such grants.
Bill· HRH.R. 3311 (106th)referred
United States · United States Congress · 10 November 1999
Regulatory Improvement Act of 2000 - Requires a Federal agency, when it publishes a notice of proposed rule making for a major rule, to: (1) prepare and place in the rule making file an initial regulatory impact analysis; and (2) include a summary of such analysis in the notice of proposed rule making. Requires that, when the Director of the Office of Management and Budget has designated a rule as a major rule, or when an agency has published an interim final major rule, such agency shall: (1) promptly prepare and place in the rule making file an initial regulatory impact analysis; (2) publish in the Federal Register a summary of such analysis; and (3) give interested parties the same opportunity to comment as if the initial regulatory impact analysis had been issued with the notice of proposed rule making. Requires an agency publishing a final major rule to prepare and place in the rule making file a final regulatory impact analysis which shall reflect any changes made to the proposed rule or its cost-benefit analysis or risk assessment, as well as agency consideration of comments from interested parties as provided above. Mandates a comparative risk study by the Director of the extent and severity of significant risks to human health, safety, or the environment. Requires the President to periodically report to Congress recommending legislation to reduce such risks.
Bill· HRH.R. 3301 (106th)referred
United States · United States Congress · 10 November 1999
Children's Health Research and Prevention Amendments of 1999 - Title I: Revision and Extension of Programs - Subtitle A: Pediatric Research Initiative - Pediatric Research Initiative Act of 1999 - Amends the Public Health Service Act (the Act) to mandate establishment, in the National Institutes of Health (NIH), of a Pediatric Research Initiative. Authorizes appropriations. Directs the Secretary of Health and Human Services (HHS) (Secretary) to make available within the National Institute of Child Health and Human Development enhanced support for extramural activities relating to the training and career development of pediatric researchers. Authorizes appropriations. Subtitle B: Other Programs - Extends through FY 2003 programs under the Act for: (1) immunizations; (2) screenings, referrals, and education regarding lead poisoning; and (3) the prevention and control of injuries, including traumatic brain injury. Title II: Children's Health Research and Prevention Activities - Subtitle A: Early Detection, Diagnosis, and Treatment Regarding Hearing Loss in Infants - Newborn and Infant Hearing Screening and Intervention Act of 1999 - 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 NIH 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. Subtitle B: Autism - Chapter 1: Surveillance and Research Regarding Prevalence and Pattern of Autism - Autism Statistics, Surveillance, Research, and Epidemiology Act of 1999 (ASSURE) - Authorizes grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities. Mandates establishment, through grants or cooperative agreements, of three to five centers of excellence in autism and pervasive developmental disabilities epidemiology to collect and analyze autism information. Requires that the Centers for Disease Control and Prevention (CDCP) serve as the coordinating agency for autism and pervasive development disabilities surveillance through the establishment of a clearinghouse for data generated from the monitoring programs created under this chapter. Mandates establishment of an Advisory Committee for Autism and Pervasive Developmental Disabilities Epidemiology Research. Authorizes appropriations. Chapter 2: Expansion, Intensification, and Coordination of Activities of Department of Health and Human Services With Respect to Autism - Advancement in Pediatric Autism Research Act of 1999 - Directs the NIH Director to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires such Director, among other things, to make awards of grants or contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations. Authorizes the Secretary to make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities. Directs the Secretary to establish no less than three regional centers of excellence in autism and pervasive developmental disabilities epidemiology to collect and analyze information on the number, incidence, correlates, and causes of autism and related developmental disabilities. Directs the Secretary to: (1) establish a clearinghouse within the CDCP for the collection and storage of such data; and (2) coordinate the Federal response to requests for assistance regarding potential or alleged autism or developmental disability clusters. Authorizes appropriations. Requires the Secretary to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations. Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism. Subtitle C: Poison Control Center Enhancement and Awareness - Poison Control Center Enhancement and Awareness Act - Directs the Secretary to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free telephone number to be used to access such centers. Authorizes appropriations. Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations. Subtitle D: Birth Defects Prevention Activities - Chapter 1: Folic Acid - Folic Acid Promotion and Birth Defects Prevention Act of 1999 - Directs the Secretary to carry out a program, directly or through grants or contracts, for professional and public education and training, research, and epidemiological activities regarding folic acid and birth defects. Authorizes appropriations. Chapter 2: National Center on Birth Defects and Developmental Disabilities - Establishes a National Center on Birth Defects and Developmental Disabilities to: (1) collect, analyze, and make available date on birth defects; (2) conduct applied epidemiological research on prevention of such defects; and (3) provide birth defect prevention information and education to the public. Transfers to such Center all activities, budgets, and personnel of the National Center for Environmental Health that relate to birth defects, folic acid, cerebral palsy, mental retardation, child development, newborn screening, autism, fragile X syndrome, fetal alcohol syndrome, pediatric genetics, and disability prevention. Authorizes appropriations. Subtitle E: Safe Motherhood Monitoring and Prevention Research - Safe Motherhood Monitoring and Prevention Research Act - Authorizes the Secretary to: (1) establish a national monitoring and surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy; (2) expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each State; and (3) expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each State. Authorizes appropriations. Permits the Secretary to carry out specified activities to promote safe motherhood. Authorizes appropriations. Subtitle F: Pregnant Mothers and Infants Health Promotion - Pregnant Mothers and Infants Health Protection Act - Requires the Secretary to: (1) collect, analyze, and make available data on prenatal smoking and alcohol and illegal drug usage; (2) conduct applied epidemiological research on the prevention of prenatal and postnatal smoking and alcohol and illegal drug usage; (3) support, conduct, and evaluate the effectiveness of educational and cessation programs; and (4) provide information and education to the public on the prevention and implications of prenatal and postnatal smoking and alcohol and illegal drug usage. Authorizes appropriations. Subtitle G: Utilization of Preventive Health Services - Directs the Secretary to make grants to public or nonprofit entities to establish and operate regional centers for identifying particular populations of patients and to facilitate the appropriate utilization of preventive health services by such patients. Requires the Secretary to give priority to various populations of infants, young children, and their mothers. Requires the evaluation of strategies developed through grant funding. Authorizes appropriations. Subtitle H: Research and Development Regarding Fragile X - Fragile X Research Breakthrough Act of 1999 - Requires the Director of the National Institute of Child Health and Human Development to: (1) expand, intensify, and coordinate the Institute's activities respecting research on the mental retardation disease known as fragile X; and (2) make grants to, and enter into contracts with, public or private nonprofit entities for the development and operation of at least three centers for fragile X research. Requires each center to conduct basic and clinical research, which may include clinical trials of new or improved diagnostic methods and drugs or other treatment approaches. Allows such centers to use grant funds to provide fees to individuals serving as subjects in clinical trials. Requires the Director to provide for the coordination of the centers' activities, including the exchange of information. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions. Allows support to be provided to a center for up to five years, with authorized extensions. Authorizes appropriations. Requires the Secretary to enter into contracts with qualified health professionals who agree to conduct fragile X research in return for repayment (up to $35,000 for each year of service) of such health professionals' educational loans. Authorizes appropriations. Subtitle I: Children and Epilepsy - Directs the Secretary, through grants to or contracts with public or nonprofit private entities, to develop and implement public health surveillance, education, research, and intervention strategies to improve the lives of persons with epilepsy, with a particular emphasis on children. Authorizes appropriations. Authorizes the Secretary to make grants to State and local governments for carrying out demonstration projects to improve access to health and other services regarding seizures to encourage early detection and treatment in children and others residing in medically underserved areas. Authorizes appropriations. Subtitle J: Asthma Treatment Services for Children - Children's Asthma Relief Act of 1999 - Directs the Secretary to award grants to eligible entities to establish an asthma treatment grants program providing comprehensive asthma services for children and other individuals. Authorizes appropriations. Directs the Secretary to encourage States to implement plans to carry out activities to assist children with asthma in accordance with the guidelines of the National Asthma Education and Prevention Program and the National Heart, Lung, and Blood Institute (Institute). Provides that if a State child health plan under title XXI (Children's Health Insurance) of the Social Security Act provides for such activities to the Secretary's satisfaction, the Secretary shall make a grant to assist the State in carrying them out. Sets forth certain matching funds requirements. Authorizes appropriations. Amends the Act to include, within the preventive health and health services block grant, any system for reducing asthma and asthma-related illnesses, especially with regard to children, through urban cockroach pest management in public facilities through a combination of biological, cultural, physical, and chemical tools that minimizes economic, health, and environmental risks. Requires the Institute Director to: (1) identify all Federal programs carrying out asthma-related activities; (2) develop a Federal plan for responding to asthma; and (3) submit recommendations to Congress on ways to strengthen and improve Federal coordination of such activities. Authorizes appropriations. Requires the CDCP Director to: (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management; and (2) compile and publish annually data on the prevalence of children suffering from asthma in each State and the childhood mortality rate associated with asthma nationally and in each State. Subtitle K: Juvenile Arthritis and Related Conditions - Requires the Directors of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the National Institute of Allergies and Infectious Diseases to expand and intensify their respective programs of research and related activities concerning juvenile arthritis and related conditions. Requires the NIH Director, through a grant, cooperative agreement, or contract, to establish an information resource center on arthritis and related conditions. Authorizes appropriations. Subtitle L: Childhood Skeletal Malignancies - Directs the Secretary to: (1) study environmental and other risk factors for childhood skeletal cancers; (2) carry out projects to improve outcomes among children with such cancers and related secondary conditions; and (3) ensure that such activities are coordinated with other Public Health Service activities focused on childhood cancers and limb loss. Authorizes appropriations. Subtitle M: Reducing Burden of Diabetes Among Children and Youth - Directs the Secretary to: (1) develop a system to collect data on juvenile diabetes, including its incidence and prevalence, and to establish a national database for such data; (2) conduct or support long-term epidemiological studies concerning juvenile diabetes; (3) implement a national public health effort to address type 2 diabetes in youth; (4) support regional clinical centers for the cure of juvenile diabetes; and (5) implement a national effort to develop a vaccine for type 1 diabetes. Authorizes appropriations. Subtitle N: Miscellaneous Provisions - Requires the NIH Director to report to Congress concerning research activities with respect to rare diseases in children.
Bill· HRH.R. 3326 (106th)referred
United States · United States Congress · 10 November 1999
Cleaner Buses for Cleaner Cities Act - Amends the Clean Air Act to prohibit the provision of grants or other financial assistance under Federal highway or mass transportation provisions or under the Urban Mass Transportation Act to any State or local government or other entity if such government or entity has acquired, in the prior fiscal year, a diesel-fueled bus to be used in any ozone, particulate, or carbon monoxide nonattainment area. Makes such prohibition inapplicable to grants for safety.
Bill· HRH.R. 3298 (106th)referred
United States · United States Congress · 10 November 1999
Amends the Clean Air Act to revise procedures regarding the inclusion of metropolitan statistical areas (MSAs) or consolidated MSAs in nonattainment areas. Directs the Administrator of the Environmental Protection Agency to require each State to revise the boundaries of all nonattainment areas that included such MSAs before this Act's enactment to exclude all counties within such MSAs that are not in violation of the national ambient air quality standard concerned (as determined by air quality monitoring and not by computer modeling).
Bill· HRH.R. 3310 (106th)referred
United States · United States Congress · 10 November 1999
United States-Mexico Border Sewage Cleanup Act of 1999 - Authorizes the U.S. section of the International Boundary and Water Commission, United States and Mexico, subject to the negotiation and conclusion of a new Treaty Minute pursuant to the Treaty for the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande or the amendment of Treaty Minute 283, to provide for the secondary treatment of effluent from the Advanced Primary Wastewater Treatment Facility (IWTP) in Mexico. Permits the Commission to enter into a fee-for-services contract with the owner of the Mexican Facility (proposed wastewater treatment facility to be constructed within Mexico for treating sewage flows generated within Mexico, which flows impact U.S. and Mexican surface waters, health, and safety). Sets forth contract requirements. Requests the Secretary of State to give the highest priority to the negotiation and execution of a new Treaty Minute or a modification of Treaty Minute 283 in order that the other provisions of this Act to address river and ocean pollution in the San Diego U.S.-Mexico border region may be implemented as soon as possible. Requests the Secretary to initiate such negotiations with Mexico. Limits the amount of grants that may be made for the construction of certain treatment works in San Diego, California, pursuant to the Water Quality Act of 1987. Makes such limitation inapplicable if the Governments of the United States and Mexico enter into a new Treaty Minute or a renegotiation of Treaty Minute 283 pursuant to this Act. Authorizes appropriations.
Bill· HRH.R. 3294 (106th)referred
United States · United States Congress · 10 November 1999
Water Regulation Improvement Act of 1999 - Amends the Federal Water Pollution Control Act to require permits for discharges from municipal storm sewers to: (1) recognize the responsibility of governmental entities to carry out specified control measures to reduce the discharge of pollutants; and (2) absolve local governmental entities of liability in cases where such an entity relies on a co-permittee or another governmental entity to comply with any requirement to implement a control measure in which the co-permittee or other entity assumes responsibility but fails to implement the measure. Prohibits the Administrator of the Environmental Protection Agency, for certain stormwater discharges for which permits are not required, from requiring a local governmental entity to obtain a permit for any stormwater discharge associated with an above-ground vegetated drainage ditch or a drainage way owned or operated in connection with a road or street under its jurisdiction. Provides that such discharges and those regulated as being associated with industrial activity or with significant violation of a water quality standard or significant contributions of pollutants shall not include stormwater discharges associated with: (1) a construction activity that disturbs no more than five acres of land; or (2) a routine maintenance activity associated with a road, street, or vegetated road ditch or drainage way.
Bill· SS. 1896 (106th)referred
United States · United States Congress · 9 November 1999
Downtown Equity Act of 1999 - Amends the Public Buildings Act of 1959 to require the head of each Federal agency, in locating and relocating Federal facilities, to give first priority to central business areas, except when such location would: (1) materially compromise the agency's mission; or (2) not be economically prudent. Directs the Administrator of General Services to study and report to Congress on the feasibility of establishing a system for: (1) assessing the costs of locating Federal facilities in rural areas as compared to urban areas, in central business areas of rural areas as compared to rural areas outside central business areas, and in central business areas of urban areas as compared to urban areas outside central business areas; (2) adjusting the absolute comparable costs to correct for the inherent differences in property values between rural areas and urban areas; and (3) assessing the impacts on land use, air quality and other environmental factors, and to historic preservation, in the location of Federal facilities. Authorizes appropriations for FY 2001 and 2002.
Bill· SS. 1886 (106th)referred
United States · United States Congress · 9 November 1999
Amends the Clean Air Act to authorize a State Governor, upon notification of the Administrator of the Environmental Protection Agency, to waive oxygen content requirements for reformulated gasoline sold or dispensed in the State. Considers gasoline that complies with all other requirements for reformulated gasoline other than those regarding oxygen content to be reformulated gasoline. Directs the Administrator to study and report to Congress on whether voluntary standards to prevent and control releases of methyl tertiary butyl ether from underground storage tanks are necessary. Authorizes the Administrator to work with members of affected industries to develop such standards.
Resolution· SRESS.Res. 229 (106th)passed
United States · United States Congress · 9 November 1999
Designates named Senators to majority membership on the Senate Committee on: (1) Finance; (2) Foreign Relations; (3) Environment and Public Works; and (4) Ethics.
Bill· HRH.R. 3275 (106th)referred
United States · United States Congress · 9 November 1999
School Environment Protection Act of 1999 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a National School Integrated Pest Management Advisory System to develop and update uniform standards and criteria for implementing integrated pest management systems in schools. Directs local educational agencies (LEAs) of school districts to develop and implement systems in schools in compliance with this Act. Permits LEAs to continue to implement existing State systems that meet this Act's standards and criteria. Applies this Act's requirements to pesticide application in school buildings and on school grounds. Requires schools to prohibit: (1) the application of a pesticide when a school or school ground is occupied or in use; or (2) the use of an area or room treated by a pesticide, other than a least toxic pesticide, during the 24-hour period beginning at the end of the treatment. Requires the Administrator to establish a National School Integrated Pest Management Advisory Board. Directs the Board, among other duties, to: (1) review pesticides used in schools for their acute toxicity and chronic effects; and (2) recommend a list of least toxic pesticides. Authorizes the Board to recommend restrictions on pesticide use in schools. Requires the Administrator to: (1) establish a list of least toxic pesticides that may be used in schools; (2) publish pesticide restrictions in the Federal Register; and (3) issue findings on whether use of registered pesticides in schools may endanger children's health. Directs the Administrator to appoint an official for school pest management within the EPA Office of Pesticide Programs to coordinate integrated pest management systems in schools. Requires LEAs to: (1) designate contact persons for carrying out such systems; (2) maintain all pesticide use data for each school in the district and make such data publicly available; and (3) include notice of such systems in forms of universal notification at the beginning of each school year. Permits the use of a pesticide only if the pesticide has been disclosed in such notice. Prescribes procedures to be followed if a pest cannot be controlled after having used an integrated pest management system and least toxic pesticides, including prior notification of parents, guardians, and staff members of the use of a pesticide and posting of signs. Prescribes alternative procedures in emergency situations. Provides for public comments, through school board meetings, on integrated pest management systems. Establishes a complaint procedure to remedy violations of this Act. Prescribes civil penalties for violations. Establishes the Integrated Pest Management Trust Fund to carry out education, training, propagation, and development activities under integrated pest management systems of schools to remedy the harmful effect of actions taken by persons who paid civil penalties. Describes remedies for employees alleging violations of this Act. Directs the Administrator to provide grants to LEAs to develop systems under this Act. Prohibits, no later than six years after this Act's enactment, the use of any pesticide other than a least toxic pesticide in schools unless the Administrator has met the requirements of this Act. Authorizes appropriations.
Bill· HRH.R. 3245 (106th)referred
United States · United States Congress · 8 November 1999
Conservation and Reinvestment Act of 1999 - Requires: (1) Governors of each State receiving monies from the Conservation and Reinvestment Act Fund (established under this Act) to report on June 15 of each year to the Secretaries of the Interior or of Agriculture, as appropriate, accounting for the money received for the previous fiscal year, including the funded projects and activities; and (2) the Secretary of the Interior to report annually to Congress on monies the Departments of the Interior and of Agriculture have spent out of the Fund, including a summary of such Governors' reports. (Sec. 5) Establishes the Conservation and Reinvestment Act Fund (CRAF). Requires the Secretary of the Treasury to deposit into CRAF certain Outer Continental Shelf revenues, undisbursed amounts under title I of this Act, and certain interest earned on CRAF investments. Transfers all amounts deposited into the CRAF as follows: (1) to the Secretary of the Interior for payment of $1 billion to States for impact assistance and coastal conservation, $125 million for the Urban Park and Recreation Recovery Act of 1978, $100 million for the National Historic Preservation Act, and $50 million to develop and implement Endangered and Threatened Species Recovery Agreements; (2) to the Secretaries of the Interior and of Agriculture for payment of $200 million for Federal and Indian land restoration; (3) to the Secretary of Agriculture $100 million to carry out the conservation easement program under this Act; (4) to the Land and Water Conservation Fund in the amount of $900 million; and (5) to the Federal Aid to Wildlife Restoration Fund (FAWRF) established under the Federal Aid in Wildlife Restoration Act in the amount of $350 million. Provides that any shortfalls less than $2.825 billion in a fiscal year, after FY 2000, proportionally reduce such sums for that fiscal year. (Sec. 6) Limits the amount available for administrative expenses to two percent. Provides that nothing in this Act shall affect the prohibition contained in the Federal Aid in Wildlife Restoration Act (as amended by this Act) that bars the use of funds transferred to the FAWRF by this Act for administrative or execution of program expenses. (Sec. 7) Declares that receipts and disbursements of funds shall be off-budget. (Sec. 9) Prohibits a State or local government from receiving funds under this Act during any fiscal year: (1) when its expenditures of non-Federal funds for recurrent expenditures for programs for which such funding is provided will be less than its expenditures were for such programs during the preceding fiscal year; or (2) for a program unless the Secretary of the Interior is satisfied that such a grant will be used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds available for such program. Exempts a State or local government from such prohibition if the Secretary determines that a reduction in expenditures is attributable to a non-selective reduction in the expenditures in the programs of all executive branch agencies of such entity. Treats all funds received by a State or local government under this Act as Federal funds for purposes of compliance with provisions in effect under other law requiring that non-Federal funds be used to provide a portion of the funding for any program or project. (Sec. 10) Prohibits: (1) the taking of private property in whole or in part, without just compensation; and (2) Federal agencies, using funds appropriated by this Act, from applying any regulation on any lands until the lands or water or an interest therein is acquired, unless authorized to do so by another Act of Congress. (Sec. 11) Requires the Secretary of the Interior to design a standardized sign and, where appropriate, require its installation at sites receiving funds under this Act. Title I: Impact Assistance and Coastal Conservation - Directs the Secretary of the Interior to allocate such transferred CRAF payments to coastal States for impact assistance and coastal conservation only if such States have: (1) a Secretary-approved Coastal State Conservation and Impact Assistance Plan; (2) agreed to provide specified reports; and (3) certain necessary fiscal control and fund accounting procedures. (Sec. 101) Sets forth the formula for allocating such funds to coastal States and coastal political subdivisions. (Sec. 102) Requires the development and submission of a Coastal State Conservation and Impact Assistance Plan by each coastal State seeking to receive grants under this title (and in the case of a producing State, the Governor) to incorporate the plans of the coastal political subdivisions into the Statewide plan for transmittal to the Secretary of the Interior for approval or disapproval before the disbursement of CRAF funds. Specifies authorized uses of the CRAF funds. Title II: Land and Water Conservation Fund Revitalization - Amends the Land and Water Conservation Fund Act of 1965 to provide that all CRAF funds transferred to the Land and Water Conservation Fund shall be covered into the Fund. (Sec. 203) Makes $900 million available each fiscal year after FY 2001 for expenditure without further appropriation, to be allocated as follows: (1) 50 percent for Federal purposes; and (2) 50 percent for State grants. (Sec. 205) Prohibits the obligation or expenditure of the Federal portion of such funds for any land or water interest acquisition except those specified and approved by Congress in the appropriate appropriations Act. Prescribes: (1) a procedure for preparing and transmitting to Congress of a list of proposed Federal acquisitions; and (2) notification to specified officials of affected areas with respect to such proposed acquisitions. (Sec. 206) Revises the formula used to allocate amounts made available for State purposes from the Fund each fiscal year. Makes all federally recognized Indian tribes, or in the case of Alaska, Native Corporations eligible to receive shares of such apportionment in accordance with a competitive grant program established by the Secretary of the Interior. Requires each State, with an exception, to make available as grants to local governments at least 50 percent of its annual apportionment or an equivalent amount made available from other sources. (Sec. 207) Revises the requirement that a State have a comprehensive statewide outdoor recreation plan as a prerequisite to consideration by the Secretary of the Interior of financial assistance for acquisition or development projects. Allows each State to define its own priorities and criteria for selection of outdoor conservation and recreation acquisition and development projects eligible for grants under this Act if the priorities and criteria defined are consistent with the purposes of this Act, the State provides for public involvement in this process, and publishes an accurate and current State Action Agenda for Community Conservation and Recreation, within five years after enactment of this Act, indicating the needs it has identified and the priorities and criteria it has established. Allows an existing Comprehensive State Plan to remain in effect until the appropriate State adopts a State Action Agenda. (Sec. 209) Requires the Secretary to approve, subject to certain conditions, the conversion of property (other than for public outdoor recreation use) acquired or developed with assistance under the Act only if the State demonstrates no prudent or feasible alternative exists. Exempts from such requirement those properties that no longer meet the criteria within the State Plan or Agenda as an outdoor conservation and recreation facility due to changes in demographics, or that must be abandoned because of environmental contamination which endangers public health and safety. (Sec. 210) Provides that nothing in this title shall affect any State or Federal water law or an interstate compact governing water, alter any allocations of water rights, or create any new water rights. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require CRAF funds transferred for FAWRA purposes to be deposited in a new subaccount in the FAWRF, to be made available without further appropriation, for apportionment in each fiscal year for State wildlife conservation and restoration programs. (Sec. 304) Sets forth requirements for: (1) apportionment of such subaccount funds; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. Prohibits such funds from being used for expenses incurred in the administration and execution of programs. Limits to ten percent the use of such funds for wildlife-associated recreation. (Sec. 305) Allows the subaccount funds to be used for a wildlife conservation education program. Exempts education efforts, projects, or programs that promote or encourage opposition to the regulated taking of wildlife. (Sec. 306) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes. Title IV: Urban Park and Recreation Recovery Program Amendments - Amends the Urban Park and Recreation Recovery Act of 1978 to make transferred CRAF funds available to the Secretary of the Interior, without further appropriation, to assist local governments in improving their park and recreation systems. Sets forth limits on the use of such funds. (Sec. 404) Provides for the development of new recreation areas and facilities (including the acquisition of lands for such development) under the urban park and recreation recovery program. (Sec. 406) Revises requirements for: (1) Federal assistance grant eligibility; (2) matching grants to local governments for rehabilitation, development, acquisition, and innovation purposes; (3) local park and recreation recovery action programs; (4) State action incentives; and (5) conversion of recreation property for any other purposes other than public recreation purposes. (Sec. 411) Repeals sunset provisions and congressional reporting requirements with respect to: (1) the impact of the urban park and recreation recovery program; and (2) the annual achievements of the innovation grant program. Title V: Historic Preservation Fund - Amends the National Historic Preservation Act to provide that amounts transferred from the CRAF each fiscal year shall be deposited into the Historic Preservation Fund to be available without further appropriation to carry out the Act. (Sec. 501) Requires at least one half of the funds obligated or expended each fiscal year under this Act to be used for preservation projects on historic properties (giving priority to the preservation of endangered historic properties). (Sec. 502) Authorizes a State to provide financial assistance to the management entity for any national heritage area or national heritage corridor to support cooperative historic preservation planning and development. Title VI: Federal and Indian Lands Restoration - Makes CRAF funds transferred to the Secretaries of the Interior and of Agriculture available to be used as a dedicated source of funding for a coordinated program on Federal and Indian lands to restore degraded lands, protect resources that are threatened with degradation, and protect public health and safety. Allocates: (1) 60 percent to the Secretary of the Interior for lands within the National Park System, National Wildlife Refuge System, and public lands administered by the Bureau of Land Management; (2) 30 percent to the Secretary of Agriculture for lands within the National Forest System; and (3) ten percent to the Secretary of the Interior for competitive grants to qualified Indian tribes (giving priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health). (Sec. 603) Requires the Secretary of the Interior and the Secretary of Agriculture to: (1) each establish priority lists for the use of funds (giving priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health or safety); and (2) jointly establish a coordinated program for tracking the progress of activities carried out with amounts made available by this title and determining the extent to which demonstrable results are being achieved. Title VII: Conservation Easements and Endangered and Threatened Species Recovery - Subtitle A: Conservation Easements - Provides that CRAF funds transferred to the Secretary under title V of this Act in a fiscal year shall be available to the Secretary, without further appropriations, to carry out this subtitle. (Sec. 704) Directs the Secretary of the Interior to establish and carry out a Conservation Easement Program for making grants to State or local governments, Indian tribes, and certain private organizations to provide the Federal share of up to 50 percent of the total cost of purchasing permanent conservation easements in lands with prime, unique, or other productive uses. Subtitle B: Endangered and Threatened Species Recovery - Makes CRAF funds transferred from the CRAF for this title in a fiscal year available to the Secretary of the Interior without further appropriations, in that fiscal year, to provide financial assistance to persons for development and implementation of Endangered and Threatened Species Recovery Agreements entered into under this title. Requires the Secretary to give priority to the development and implementation of Agreements that: (1) implement actions identified under recovery plans approved by the Secretary; (2) have the greatest potential for contributing to the recovery of an endangered or threatened species; and (3) require use of the assistance on land owned by a small landowner or on a family farm by its owner or operator. (Sec. 713) Prohibits the Secretary from providing financial assistance for any action that is required by a permit or an incidental take statement issued under the Endangered Species Act of 1973 or that is otherwise required under Federal law. (Sec. 714) Authorizes the Secretary to enter into such Agreements and sets forth Agreement requirements, including: (1) requiring activities not otherwise mandated by law that contribute to species recovery; and (2) specifying species recovery goals. Requires the Secretary to review Agreements in compliance, periodically monitor the implementation of each Agreement, and disburse financial assistance to implement the Agreement.
Bill· HRH.R. 3207 (106th)referred
United States · United States Congress · 3 November 1999
Superfund Research, Development, and Demonstration Act of 1999 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize, for FY 2000 through 2004, amounts to be made available from the Hazardous Substance Superfund for: (1) the applied research, development, and demonstration for alternative and innovative technologies and training program; (2) hazardous substance research and training; and (3) university hazardous substance research centers. Authorizes the Administrator of the Environmental Protection Agency to enter into agreements to arrange for the use of other sites appropriate for carrying out hazardous substances research, testing, evaluation, development, and demonstration projects.
Resolution· SRESS.Res. 215 (106th)passed
United States · United States Congress · 2 November 1999
Appoints Senator Bob Smith as chairman of the Senate Committee on Environment and Public Works.
Law· HRH.R. 3194 (106th)enacted
United States · United States Congress · 2 November 1999
Hr3194-dgst-00 ................ Hr3064-48-02 10/27/99 Conf. Rept. 106-419 Abd ............ H.R.3064 (Major Legislation) SPONSOR: Rep Istook, Ernest J., Jr. (introduced 10/13/99) SUMMARY: (REVISED AS OF 10/15/99 -- Passed Senate, amended) District of Columbia Appropriations Act, 2000 - Title I: Fiscal Year 2000 Appropriations - Makes appropriations for the District of Columbia for FY 2000, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for incentives for adoption of children; (3) to the Citizens Complaint Review Board; (4) to the Department of Human Services; (5) to the District of Columbia Corrections Trustee Operations; (6) to the District of Columbia Courts; (7) for Defender Services in District of Columbia Courts; (9) to the Court Services and Offender Supervision Agency for the District of Columbia; (10) to the Children's National Medical Center; and (11) for the Metropolitan Police Department. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) receivership programs; (8) workforce investments; (9) a reserve to be established by the Chief Financial Officer of the District and the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Authority itself; (11) repayment of certain loans and interest; (12) repayment of General Fund Recovery Debt; (13) payment of interest on short-term borrowing; (14) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; and (15) optical and dental insurance payments. Directs the Chief Financial Officer to: (1) finance projects totaling $20 million in local funds (Productivity Bank) that result in cost savings or additional revenues by an amount equal to such financing; (2) make reductions totaling $20 million in local funds to be allocated to projects funded through the Productivity Bank that produce such cost savings or additional revenues; and (3) make reductions of specified amounts for general supply schedule savings and for management reform savings, in local funds to one or more of the appropriation headings in this Act. Requires quarterly reports by the Mayor on such financial activities to specified congressional committees. Appropriates specified sums for: (1) the Water and Sewer Authority and the Washington Aqueduct; (2) the Lottery and Charitable Games Enterprise Fund; (3) the Sports and Entertainment Commission; (4) the D.C. Health and Hospitals Public Benefit Corporation; (5) the D.C. Retirement Board; (6) the Correctional Industries Fund; (7) the Washington Convention Center Enterprise Fund; and (8) capital outlay (including rescissions). Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 1999. (Sec. 130) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 131) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples. (Sec. 142) Requires recipients of funds under this Act to comply with the Buy American Act. Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made. (Sec. 147) Prohibits the use of funds contained in this Act to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio. (Sec. 149) Requires the Chief Financial Officer, by November 1, 1999, or within 30 calendar days after the enactment of this Act, to submit to the appropriate congressional committees, the Mayor, and the Authority, a revised appropriated funds operating budget for all District government agencies for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures. (Sec. 150) Prohibits the use of funds contained in this Act for: (1) any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug, or for any payment to any individual or entity who carries out such program; or (2) rental payments under a lease for the use of real property by the District government, or to enter a lease, or purchase or manage real property for the District, unless specified conditions are met. (Sec. 152) Terminates such conditioned prohibition on the use of funds contained in this Act to lease, purchase, or manage real property for the District if the District enacts legislation to reform the practices and procedures governing such activities and disposition of its surplus real property. (Sec. 153) Amends the Student Loan Marketing Association Reorganization Act of 1996 to provide funding for public charter school construction and repair in the District. Sets aside a specified amount for use as a credit enhancement fund for such schools. (Sec. 154) Requires the Mayor, the Authority, and the Superintendent of Schools to implement a process to dispose of excess public school real property within 90 days of the enactment of this Act. (Sec. 155) Amends the District of Columbia School Reform Act of 1995 to: (1) extend the Act indefinitely; and (2) grant sibling preference to applicants seeking enrollment in public charter schools in the District. (Sec. 157) Transfers from the Authority to the District a specified sum for: (1) severance payments to individuals separated from employment during FY 2000; (2) expanded contracting authority of the Mayor; and (3) the implementation of a system of managed competition among public and private providers of goods and services by and on behalf of the District. (Sec. 158) Requires the Authority, working with the Commonwealth of Virginia and the Director of the National Park Service, to carry out a project to complete all design requirements and all requirements for compliance with the National Environmental Policy Act for construction of expanded lane capacity for the Fourteenth Street Bridge. Transfers a specified limited amount to the Authority from the District's dedicated highway fund for the project. (Sec. 159) Requires the Mayor to carry out, through the Army Corps of Engineers, an Anacostia River environmental cleanup program. (Sec. 160) Amends the Victims of Violent Crime Compensation Act of 1996 (the Act) to: (1) prohibit payment of administrative costs from the Crime Victims Compensation Fund; and (2) limit the use of such Fund to compensation and attorneys' fees awarded under the Act. Provides that: (1) the Fund shall be maintained as a separate Fund in the Treasury; (2) all amounts deposited to the credit of the Fund are appropriated without fiscal year limitation to make payments as authorized under the Act; and (3) the Fund shall also consist of any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund. Transfers any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with FY 2000) to miscellaneous receipts of the Treasury within 30 days after the end of the fiscal year. Ratifies any payments made from or deposits made to the Fund on or after April 9, 1997, to the extent such payments and deposits are authorized under the Act. (Sec. 161) Prohibits the use of funds contained in this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer of the District that the officer understands the duties and restrictions applicable as a result of this Act or its amendments. (Sec. 162) Requires the proposed FY 2001 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected. (Sec. 163) Requires any document showing the budget for a District government office that contains specified labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one. (Sec. 164) Provides that, in using the funds made available for improvements to specified Federal properties in the Southwest Waterfront of the District, any District government entity may place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers on a reimbursable and, if applicable, contractual basis. Transfers to the Mayor from the Authority a specified amount from the escrow account held by the Authority for the District's infrastructure needs to be used by the Mayor for such improvements. Requires the Mayor to submit quarterly reports to specified congressional committees on the status of the improvements until they are completed. (Sec. 165) Expresses the sense of Congress that the District should not impose or take into consideration any height, square footage, set-back, or other construction or zoning requirements in authorizing the issuance of industrial revenue bonds for a project of the American National Red Cross at 2025 E Street Northwest, Washington, D.C., because this project is subject to approval of the National Capital Planning Commission and the Commission of Fine Arts. (Sec. 166) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 (the Act) to permit the District of Columbia Offender Supervision, Defender, and Courts Services Agency to carry out sex offender registration functions in the District. Authorizes the Pretrial Services, Parole, Adult Probation and Offender Supervision Trustee appointed under the Act to exercise, during the Agency's transition to full operation, the powers and functions of the Agency relating to sex offender registration, but only upon the Trustee's certification that the Trustee is able to assume such powers and functions. Vests such authority in the Metropolitan Police Department until the Trustee makes such certification. (Sec. 167) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative. Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect. (Sec. 168) Transfers to the District from the Authority a specified amount for the Mayor to provide offsets against local taxes for a commercial revitalization program to be available in enterprise zones and low and moderate income areas in the District, provided that the Mayor uses Federal commercial revitalization proposals introduced in Congress as a guideline. (Sec. 169) Amends the District of Columbia Home Rule Act to transfer to the Mayor the Authority's duty with respect to annually developing and submitting to specified congressional committees a performance accountability plan for the District government, and annually reporting to such committees on the performance of the government's activities. (Sec. 170) Declares the sense of Congress that, in considering the District of Columbia's FY 2001 budget, the Congress will take into consideration progress or lack of progress in addressing specified issues, including crime, access to drug abuse treatment, management of parolees and pretrial violent offenders, education, improvement in basic city services, application for and management of Federal grants, and indicators of child well-being. (Sec. 171) Urges the Mayor, before using Federal Medicaid payments to Disproportionate Share Hospitals (DSH) to serve a small number of childless adults, to consider the recommendations of the Health Care Development Commission. (Sec. 172) Directs the Comptroller General to study and report to Congress on the law enforcement, court, prison, probation, parole, and other components of the criminal justice system of the District of Columbia in order to identify the components most in need of additional resources, including financial, personal, and management resources. (Sec. 173) Declares that nothing in this Act bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. (Sec. 174) Directs the Secretary of the Interior, acting through the Director of the National Park Service, to implement the notice of decision approved by the National Capital Regional Director, dated April 7, 1999, including issuance of right-of-way permits at market rates within seven days after enactment of this Act, subject to judicial review. Declares that any Federal agency receiving an application to locate a wireless communications antenna on Federal property in the District of Columbia or surrounding area over which the Federal agency exercises control shall take final action on the application, including action on the issuance of right-of-way permits at market rates. (Sec. 175) Amends the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (the Act) to provide that out of funds appropriated to the Department of Housing and Urban Development for Community Development block grants a specified amount shall be available as a grant for the Special Olympics in Anchorage, Alaska, to develop the Ben Boeke Arena and Hilltop Ski Area. Increases the amount made available for grants for the Economic Development Initiative for making individual grants for targeted economic investments. Deems the statement of the managers of the committee of conference accompanying the Act to be amended under the heading "Community Development Block Grants" to include specified targeted economic development initiatives. Makes specified funds made available for Pittsburgh, Pennsylvania, to redevelop the Sun Co. - LTV Steel Site in Hazelwood, Pennsylvania, available to the Department of Economic Development in Allegheny County, Pennsylvania, for the development of a technology based project in the county. Amends the Act and the Housing and Community Development Act of 1992 to extend the Secretary of Housing and Urban Development's authority through FY 2000 with respect to mortgage risk-sharing agreements and housing finance agency pilot demonstration programs. Amends the Act and the Public and Assisted Housing Drug Elimination Act of 1990 to revise the definition of "federally-assisted low-income housing" to exclude housing assisted under the Native American Housing Assistance and Self-Determination Act. Provides that such amendment shall be construed to have taken effect on October 21, 1998. Title II: Tax Reduction - Commends the District of Columbia for its action to reduce taxes. Ratifies the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999.
Bill· HRH.R. 3191 (106th)referred
United States · United States Congress · 1 November 1999
Recreational Waters Protection Act - Directs the Administrator of the Environmental Protection Agency to review the capabilities of existing marine sanitation technology and publish revised standards for marine sanitation devices pursuant to the Federal Water Pollution Control Act. Provides that such standards shall require a baseline effluent water quality for fecal coliform of up to ten milliliters per 100 milliliters and a reduction in biological oxygen demand of at least 50 percent. Amends the Federal Water Pollution Control Act to condition a State's authority to prohibit the discharge of sewage from all vessels on a State certification that effluent from marine sanitation devices is impairing water quality and such a prohibition will result in measurable improvements in water quality. Makes such prohibition inapplicable to vessels that operate a type I or II marine sanitation device that meets the revised standards pursuant to this Act.
Bill· HRH.R. 3171 (106th)open
United States · United States Congress · 28 October 1999
National Health Museum Site Selection Act - Directs the Administrator of General Services to convey specified property to the National Health Museum, Inc. (the Museum), to provide a site for the construction and operation of a new building to serve as the National Health Museum. Prohibits any part of the property from being used for lobbying activities for 50 years. Requires the Museum to provide written notification to the Administrator of the date on which it will accept conveyance of the property. Sets forth provisions regarding the purchase price for the property, including requiring the Administrator to report it to the appropriate congressional committees and requiring that such amount be paid into, administered, and expended as part of the Federal Buildings Fund. Requires the Administrator, as a condition of such conveyance, to receive satisfactory assurances that: (1) the Museum will establish, operate, and maintain a satellite museum on Ellis Island, New Jersey, for the same purposes and subject to the same limitations as the National Health Museum; (2) such activities will be carried out in consultation with appropriate State and Federal departments and agencies and in conjunction with other redevelopment activities on Ellis Island; and (3) the Museum will commence construction of, or renovations of existing facilities for, such satellite museum. Provides for reversion of the property to the United States and repayment of the purchase price to the Museum if, during specified periods: (1) the Museum does not commence construction on the property, other than for a reason not within the Museum's control; (2) the property is used for a purpose other than construction and operation of the Museum; (3) the Museum does not commence construction or renovation of facilities for the satellite museum other than for a reason not within the Museum's control; or (4) the Museum ceases to be a tax- exempt nonprofit corporation. Permits the Museum to: (1) demolish or renovate any existing or future improvement on the property; (2) build, own, operate, and maintain new improvements on the property; (3) finance and mortgage the property on customary terms and conditions; and (4) manage the property. Requires the United States to cooperate with the Museum on any zoning or other matter relating to the development or improvement of the property, or the demolition of any improvement. Requires the costs of remediation of any environmental hazards existing on the property, including all asbestos-containing materials, to be borne by the United States. Requires the Museum to submit annual reports on the National Health Museum's status to the Administrator and appropriate congressional committees.
Bill· HRH.R. 3160 (106th)open
United States · United States Congress · 27 October 1999
Common Sense Protections for Endangered Species Act - Title I: Improving Scientific Integrity of Listing Decisions and Procedures - Amends the Endangered Species Act of 1973 (ESA) to require the Secretary of Commerce or the Interior, as appropriate: (1) to accord greater weight and preference to empirical data rather than extrapolations developed through modeling, when making determinations as to whether a species is endangered or threatened; and (2) consider the future conservation benefits to be provided to the species under species conservation plans or management or conservation agreements in making such determinations. Directs the Secretary to promulgate scientifically valid standards for rendering taxonomic determinations of species and subspecies. Requires such standards to provide that to be eligible for determination as a subspecies under the Act, a subspecies must be reproductively isolated from other subspecific population units and constitute an important component in the evolutionary legacy of the species. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on the historical and current range, population, and distribution of the species; (2) scientific evidence that the species population is declining or has declined from historic population levels; (3) appraisals of available data on the threats to the species or the causes of its decline; (4) an identification of information contained in the petition that has been peer-reviewed or field-tested; and (5) the reason that the petitioned action is warranted. Sets forth requirements for notification of State Governors and affected tribes to solicit advice as to whether the petitioned action is warranted. Provides for peer review of any determination that an action is warranted if it is in direct conflict with information submitted by a Governor or tribe. Permits any person to intervene as a matter of right in suits under judicial review upon demonstrating that a determination to list a species will have a direct economic effect on the person. Prohibits the Secretary from making a determination that a species is threatened or endangered in a State if a Governor or a tribe provides scientific evidence that a determination is not warranted, unless the Secretary shows by a preponderance of scientific evidence that the information submitted by the State or tribe is incorrect. Requires a public meeting to be held in each State that would be affected by a proposed regulation regarding endangered or threatened species, at the request of any person. Limits the total number of meetings to five. Requires proposed regulations to implement endangered or threatened species determinations to be based on peer-reviewed scientific information that has been, to the maximum extent feasible, verified by field testing. Directs the Secretary, concurrently with a determination that a species warrants listing, to publish an analysis of the economic, social, and other public health, safety, and welfare effects the listing may have. (Sec. 102) Replaces provisions regarding recovery plans with those setting forth requirements for scientific peer review of proposed actions to list a species, remove a species from the list, designate, or revise the designation of, critical habitat, propose alternatives, or establish mitigation obligations. (Sec. 103) Makes data or information considered by the Secretary in making the determination to list subject to the Freedom of Information Act unless the Secretary determines that the information must be kept confidential. Bars the Secretary from publicly disclosing the location of particular private property as habitat for an endangered or threatened species unless the property owner is notified first and consents or the information is otherwise public. Title II: Complying With All Federal Laws and Missions - Authorizes Federal agencies implementing land use or land and resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation with the Secretary if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Requires Federal agencies, upon determining that duties under other Federal laws conflict with those under the ESA, to request the President to resolve the conflict. Authorizes Federal agencies to proceed with proposed actions if consultation is not concluded and the Secretary fails to provide a required statement by the applicable deadline. Provides for the participation of persons who have sought authorization or funding subject to consultation in consultation proceedings. Bars permit or license applicants subject to consultation requirements regarding endangered or threatened species from being subject to new or additional requirements for the specific protection of any species beyond those identified in the Secretary's original statement. (Sec. 202) Permits consultation to be waived by a Federal agency, in response to a natural event or other emergency, for the repair or maintenance of a natural gas pipeline, hazardous liquid pipeline, flood control facility, or electrical distribution transmission or substation facility if the repair or maintenance is necessary to address an imminent threat to human lives or a significant threat to the environment. (Sec. 203) Replaces provisions regarding the Endangered Species Committee (established for the purpose of granting exemptions to consultation requirements) with those authorizing the Secretary to grant exemptions for reasons of national security and the President to grant exemptions for major disaster areas, subject to certain conditions. Eliminates specified requirements for exemptions and judicial review under consultation provisions. Title III: Permitting and Enforcement - Describes conditions under which an activity of a non-Federal person is not a taking of a species, including if it: (1) addresses a critical threat to public health or safety or a natural event; or (2) is incidental to carrying out an otherwise lawful activity such as maintenance, use, or repair of pipelines, flood control facilities, fire breaks, transmission and distribution lines, specified water facilities, and roads and rights-of-way or certain emergency repair. (Sec. 302) Revises provisions regarding citizen suits to permit civil suits by injured parties to enjoin the United States if the violation poses immediate and irreparable harm to a threatened or endangered species. (Current law authorizes suits to enjoin any person alleged to be in violation of the Act.) (Sec. 303) Revises provisions regarding incidental take permits, adding deadlines and administrative requirements for the Secretary on permit actions. Provides that no additional measures to minimize and mitigate impacts on a species that is the subject of such a permit shall be required of a permittee that is in compliance with the permit. Bars any additional restrictions on land or water under the permit without the permittee's consent. Prohibits the Secretary from requiring, as a condition of an incidental take permit, that a permittee for a public project take any measures to minimize or mitigate impacts of a taking: (1) if the costs of implementing such measures will exceed ten percent of the total project costs; or (2) for any activity that occurred prior to the date of permit issuance. (Sec. 304) Authorizes the Secretary to: (1) enter into "safe harbor" agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat; and (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement. Title IV: Recovery Planning - Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, agriculture, private property, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Sets forth requirements for: (1) recovery teams appointed to develop recovery plans; and (2) recovery plans, including objective, measurable benchmarks to determine whether progress is being made toward the biological recovery goal recommended by the team. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Sets forth conditions under which States may develop recovery plans. Requires the Secretary to establish the Office of Species Recovery in the U.S. Fish and Wildlife Service to: (1) provide support services to recovery teams to develop recovery plans; (2) seek the recovery of all endangered or threatened species; (3) make all determinations to remove a species from a list; and (4) assist in the designation of critical habitat. Title V: Miscellaneous - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture to carry out the ESA.
Bill· SS. 1787 (106th)open
United States · United States Congress · 26 October 1999
Good Samaritan Abandoned or Inactive Mine Waste Remediation Act - Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency, with the concurrence of the applicable State or Indian tribe, to issue an abandoned or inactive mined land waste remediation permit to a remediating party (the United States, States, Indian tribes, or municipalities) for discharges associated with remediation activity at abandoned or inactive mined land that modifies otherwise applicable requirements under provisions regarding the national effluent discharge elimination system and effluent limitations. Authorizes remediating parties to apply for such permits at abandoned or inactive mined land from which there is or may be a discharge of pollutants to U.S. waters. Prohibits such a party from applying for a permit if the party owns the land unless the land was purchased for the express purpose of remediating pollutant discharges related to past mining activities to improve water quality. Sets forth application requirements. Authorizes the Administrator to issue a permit if: (1) relative to the resources available to the remediating party for the proposed activity, such party has made a reasonable effort to identify current land owners, lessees, and claimants and other persons whose activities may have contributed to the discharge of pollutants; (2) no identifiable owner or operator exists; and (3) the applicant's remediation plan demonstrates that it will result in improved water quality to the maximum extent practicable. Authorizes enforcement actions against parties who fail to comply with permit conditions. Provides for permit termination under certain conditions and absolves parties whose permits are terminated from enforcement liability for any remaining discharges. Makes remediation plans under permits issued under this Act eligible for certain grants. Terminates the Administrator's authority to issue permits under this Act ten years after this Act's enactment.
Bill· SS. 1792 (106th)passed
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).
Bill· HRH.R. 3151 (106th)referred
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.
Bill· SS. 1763 (106th)open
United States · United States Congress · 21 October 1999
Ombudsman Reauthorization Act of 1999 - Amends the Solid Waste Disposal Act to extend the termination date for the Office of Ombudsman to the date ten years after this Act's enactment. (Current law provides for termination four years after November 8, 1984.) Requires the Ombudsman to report to Congress on the status of health and environmental concerns addressed by cases brought before the Ombudsman and recommend improvements to the hazardous waste programs for which the Environmental Protection Agency (EPA) and the Agency for Toxic Substances and Disease Registry are responsible. Directs the EPA Administrator to facilitate the structuring of the Office to conform to the structure reflected in the Model Ombudsman Statute of the American Bar Association.
Bill· HRH.R. 3133 (106th)referred
United States · United States Congress · 21 October 1999
Coral Reef Protection Act of 1999 - Declares that it is U.S. policy to conserve coral reefs and coral reef ecosystems. (Sec. 6) Authorizes the Secretary of Commerce to provide: (1) financial assistance for projects that provide for the restoration or conservation of coral reefs or coral reef ecosystems; and (2) technical assistance to any State or Federal agency with coral reef jurisdiction. (Sec. 7) Authorizes: (1) the conducting of activities that conserve coral reefs or coral reef ecosystems or that further public awareness and education; and (2) joint projects with any Federal, State, or local authority or financial assistance to any person for such activities. (Sec. 8) Prohibits a vessel that is otherwise qualified to be documented as a vessel of the United States from being documented if the owner has abandoned any vessel on a reef subject to U.S. jurisdiction and the vessel remains on the reef or was removed using funds under this Act or any other Act having environmental protection as its purpose, unless the owner has reimbursed the United States for the environmental damage and removal expenses. (Sec. 9) Makes any person who injures or creates a threat of injury to any coral, coral reef, or coral reef ecosystem jointly and severally liable to the United States for response costs and damages, related seizure, forfeiture, or storage costs, and related interests. Provides for vessel liability in rem and for related maritime liens on vessels. Declares that specified provisions relating to limitations on the liability of vessel owners, masters, and others do not limit the liability of any person or vessel under this title (sic). Authorizes the Secretary to undertake or authorize all necessary actions to prevent or minimize injury (or threat of injury) to any coral, coral reef, or coral reef ecosystem. Authorizes the Attorney General to commence a civil action against any person or vessel that may be liable under this section. Sets forth defenses and a time limit for commencing actions. (Sec. 10) Authorizes the Secretary to enter into an agreement with a foundation under which the foundation may use amounts available to carry out this section to build and support public-private partnerships that support research, management, or education regarding coral reef and reef ecosystem conservation and furthering this Act's purposes. (Sec. 11) Authorizes appropriations to carry out this Act.
Bill· HRH.R. 3093 (106th)referred
United States · United States Congress · 18 October 1999
Amends the Solid Waste Disposal Act to prohibit the issuance of a permit for hazardous waste treatment, storage, or disposal for any hazardous waste facility to be located in a flood plain if such facility is a major facility (as defined by the Environmental Protection Agency (EPA)). Directs the EPA Administrator to study and report to Congress on the 100-year flood criteria contained in regulations under such Act regarding the location of such facilities. Requires the study to investigate whether such criteria are adequate to protect human health and the environment from the release of hazardous waste due to flooding at such facilities. Requires certain standards for hazardous waste generators with respect to labeling practices for hazardous waste containers to insure that information labels will remain in place and be visible during transportation and storage in the event of flood or other natural disaster. Amends the Superfund Amendments and Reauthorization Act of 1986 to require location information on certain emergency and hazardous chemical inventory forms to include a statement of whether or not the hazardous chemicals are located in a flood plain area.
Bill· SS. 1731 (106th)open
United States · United States Congress · 14 October 1999
Amends the Clean Air Act to require the submission of a certain report on atmospheric deposition of hazardous pollutants on the Great Lakes, the Chesapeake Bay, Lake Champlain, and coastal waters to Congress, notwithstanding a Federal law which eliminates such reporting requirement.
Bill· SS. 1730 (106th)open
United States · United States Congress · 14 October 1999
Amends the Federal Water Pollution Control Act to require the submission of certain reports regarding water quality and cost estimates of carrying out such Act to Congress, notwithstanding a Federal law which eliminates such reporting requirements.
Bill· HRH.R. 3081 (106th)open
United States · United States Congress · 14 October 1999
Wage and Employment Growth Act of 1999 - Title I: Amendments to Fair Labor Standards Act of 1938 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently, $5.15 per hour) to: (1) $5.48 an hour during the year beginning on April 1, 2000; (2) $5.81 an hour during the year beginning on April 1, 2001; and (3) $6.15 an hour during the year beginning on April 1, 2002. (Sec. 101) Repeals the exclusion from (thus includes in) the meaning of regular rate of remuneration any sums paid as gifts, or in the nature of gifts made at Christmas time or on other special occasions (bonuses). (Sec. 102) Exempts from minimum wage and overtime requirements: (1) certain network or database analysts, designers, and developers, including any whose primary duty is the management or training of employees performing specified duties related to computer systems or software design, or development; (2) certain sales employees with specialized or technical product or service knowledge and a detailed understanding of customer needs, who earn at least one-and-a-half times the minimum wage, plus commissions, and meet other specified requirements; and (3) licensed funeral directors and embalmers. Title II: Small Business Provisions - Amends the Internal Revenue Code (the Code) to increase a self-employed individual's deduction for the health insurance costs of self and family to 100 percent. Denies such deduction only for any month the individual actually participates in an employer-subsidized health plan (currently, for any month the individual is eligible to participate). (Sec. 202) Increases to $30,000 the aggregate cost taken into account for the option to expense certain depreciable business assets of small businesses. (Sec. 203) Increases from 50 percent to: (1) 55 percent in 2001 and after 2001 to 60 percent the deduction for meal and entertainment expenses for small businesses; and (2) 80 percent the deduction of business meal expenses for individuals subject to Federal limitations on hours of service. (Sec. 205) Repeals specified occupational taxes relating to distilled spirits, wine, and beer. Revises the record-keeping requirements for wholesale and retail liquor dealers. Makes it unlawful for any liquor dealer (except one selling beer exclusively) to purchase distilled spirits from any person but a wholesale liquor dealer (excluding a wholesale dealer exclusively in beer) subject to specified record-keeping requirements. Title III: Pension Provisions - Subtitle A: Expanding Coverage - Increases limits on benefits and contributions under qualified pension plans. (Sec. 302) Amends the Code and the Employee Retirement Income Security Act of 1974 (ERISA) with regard to the tax on prohibited transactions, and in particular certain transactions involving trusts which are part of an owner-employee plan, and which are not exempted from the tax. Limits the meaning of owner-employee, with respect to any non-exempt loan of any part of the corpus or income of a plan to an owner-employee or family member (subchapter S owner, partner, or sole proprietor), to: (1) a participant or beneficiary of an individual retirement plan; or (2) an employer or association of employees which establishes such a plan. (Sec. 303) Modifies top-heavy rules. Redefines certain key employees to: (1) eliminate the ten employees each of whom earns over $30,000 per year and owns the largest interests in the employer; and (2) include an officer of the employer earning more than $150,000 per year. Provides that employer matching contributions shall be taken into account for minimum contribution requirements. Declares that aggregate distributions during the last year (or, for in-service distributions, during the past five years) shall be taken into account when determining: (1) the present value of the cumulated accrued benefit for any employee; or (2) the amount of any employee's account. Excludes from the meaning of top-heavy plan any plan which consists solely of: (1) a cash or deferred arrangement using certain alternative methods of meeting nondiscrimination requirements; and (2) matching contributions which meet certain requirements of a specified additional alternative method of satisfying nondiscrimination tests. Exempts from the minimum benefit requirement, and determination of any employee's years of service with an employer, any service with an employer occurring during a plan year when the plan benefits no current or former employee (frozen plan). Declares that, with respect to top-heavy plans, determination of constructive stock ownership by a five-percent owner shall disregard family attribution requirements. (Sec. 304) Exempts elective deferrals of employer contributions not includable in an employee's gross income from specified limitations on an employer's deductions for such contributions to an employees' trust or annuity plan and compensation under a deferred payment plan. (Sec. 305) Repeals coordination requirements for deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 306) Eliminates the user fee for requests to the Internal Revenue Service (IRS) for determination letters with respect to the qualified status of any pension plan maintained solely by one or more eligible employers or any trust which is a part of the plan. (Sec. 307) Subjects participant's compensation to specified limits on deductions for employer contributions. (Sec. 308) Establishes an option to treat employee elective deferrals as qualified plus contributions (which shall not, however, be excludable from gross income). (Sec. 309) Amends ERISA to set the Pension Benefit Guaranty Corporation (PBGC) insurance premium rate at $5 for each individual plan participant in the case of a new single-employer plan maintained by a small employer. (Sec. 310) Provides for reductions of additional PBGC premiums for new and small plans. Subtitle B: Enhancing Fairness for Women - Amends the Code to allow eligible participants age 50 or over to make additional elective deferrals (catch-up contributions) in any plan year according to a schedule of percentage increments (from ten percent to 50 percent) between 2001 and 2005 and thereafter. (Sec. 322) Increases from 25 percent to 100 percent of compensation (up to $30,000) the maximum allowable annual addition to a participant's plan account. (Sec. 323) Provides for faster vesting of certain employer matching contributions. (Sec. 324) Directs the Secretary of the Treasury (Secretary) to simplify and finalize the regulations relating to specified minimum distribution requirements, and modify them to: (1) reflect current life expectancy; and (2) revise the required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. (Sec. 325) Amends the Code to provide for distribution or payment (division of benefits) from an eligible deferred compensation plan upon divorce. (Sec. 326) Directs the Secretary to revise the hardship distribution regulations to provide that six months is the period an employee is prohibited from making elective and employee contributions in order for a distribution to be deemed necessary to satisfy financial need (safe harbor relief for hardship withdrawals from cash or deferred arrangements). Subtitle C: Increasing Portability for Participants - Amends the Code to provide for rollovers among various specified kinds of plans. Revises the requirements for tax-exempt rollovers of individual retirement accounts (IRAs) into eligible (workplace) retirement plans. (Sec. 333) Exempts from certain limitations on the amount of a tax-exempt rollover from an exempt trust: (1) any portion of a distribution transferred in a direct trustee-to-trustee transfer to a qualified trust in a defined contribution plan, which is also separately accounted for; and (2) any portion transferred to an eligible retirement plan. (Sec. 334) Provides a hardship exception to the requirement that a tax-exempt rollover be made within 60 days after distribution. (Sec. 335) Amends the Code and ERISA to revise the treatment of a plan as failing to meet minimum vesting standards if a participant's accrued benefit is decreased by amendment of the plan. Declares that a defined contribution plan shall not be treated as failing to meet such requirements merely because the transferee plan does not provide some or all of the forms of distribution previously available under another defined contribution plan in specified circumstances. (Sec. 336) Revises certain restrictions on distributions from qualified cash or deferred arrangements. Eliminates a corporation's disposition of assets or of an interest in a subsidiary as events for which lump-sum distributions are covered (while retaining termination of a plan as a covered event). Changes separation from service to severance from employment as a threshold event for the covered distribution of amounts from a qualified cash or deferred arrangement. (Sec. 337) Excludes from gross income any amount transferred to a defined benefit governmental plan in a direct trustee-to-trustee transfer if it is for: (1) purchase of a permissive service credit; or (2) a repayment of cash-outs to which certain limitations on contributions do not apply. (Sec. 338) Amends the Code and ERISA with respect to restrictions on certain mandatory distributions to allow employers to disregard rollover contributions when determining the present value of nonforfeitable accrued benefits for cash-out purposes. (Sec. 339) Amends the Code, with respect to deferred compensation plans of State and local governments and tax-exempt organizations, to repeal certain additional minimum distribution requirements. Revises requirements for inclusion of deferred compensation in a participant's gross income to limit the taxable year: (1) to the taxable year in which the compensation or income is paid to the participant in the case of a State or local government; and (2) to the taxable year in which the compensation or income is paid or otherwise made available to the participant or other beneficiary in the case of a tax-exempt organization. Subtitle D: Strengthening Pension Security and Enforcement - Amends the Code and ERISA, with respect to the full-funding limitation, to repeal the 155 percent of current liability funding limit in the case of plan years beginning in 1999 or 2000. Sets the applicable percentage of current liability at 160 percent in 2001, 165 percent in 2002, 170 percent in 2003, and nothing afterwards. (Sec. 342) Revises the special rule for an employer's maximum deductible contribution to change the minimum amount, for plans with more than 100 participants, from the unfunded current liability to the unfunded termination liability. Excludes from termination liability, for plans with under 100 participants, any liability attributable to benefit increases for highly compensated employees resulting from a plan amendment made or effective within the last two years before the termination date. (Sec. 343) Amends ERISA with respect to transfer to the PBGC of a missing participant's benefits upon termination of a single-employer plan. Requires the PBGC to prescribe for ipmultiemployer plans missing participant benefit transfer rules similar to those for single-employer plans. Authorizes the plan administrator of a pension plan not otherwise subject to ERISA to elect to transfer to the PBGC a missing participant's benefits upon plan termination. (Sec. 344) Revises the requirements for periodic pension benefits statements. (Sec. 345) Changes from mandatory to discretionary the Secretary of Labor's authority to assess civil penalties against fiduciaries or other persons. Changes the penalty amount from 20 percent of the applicable recovery amount to any amount up to 20 percent of the applicable recovery amount. Revises the meaning of applicable recovery amount. Makes a person jointly and severally liable for the penalty to the same extent that such person is jointly and severally liable for the applicable recovery amount on which the penalty is based. Conditions the assessment of any penalty upon notice to the person and the opportunity for a hearing on the violation and the applicable recovery amount. (Sec. 346) Amends the Code with respect to the excise tax on nondeductible contributions to a qualified employer plan. Allows an employer, in determining the amount of nondeductible contributions, to elect not to take into account any contributions to a defined benefit plan except to the extent they exceed the full-funding limitation. (Sec. 347) Establishes an excise tax (of $100 per applicable individual per day) on a defined benefit plan for failing to give notice to participants of any plan amendment providing for a significant reduction in the rate of future benefit accrual. (Sec. 348) Amends the Taxpayer Relief Act of 1997 with respect to certain limitations on investment in employer securities and employer real property by cash or deferred arrangements. Exempts from such limitations any elective deferral invested in assets consisting of qualifying employer securities, qualifying employer real property, or both, if such assets were acquired before January 1, 1999. (Sec. 350) Amends ERISA to require the convening of a National Summit on Retirement Income Savings at the White House in September 2009. Authorizes the Secretary of Labor to enter into a cooperative agreement with the American Savings Education Council with respect to the planning and operation of such Summit. Revises and adds to the list of required participants in the Summit. Repeals the limitation of additional Summit participants to 200. Provides for presidential appointment of over 100 participants, according to specified rules. Grants the Secretary of Labor reception and representation authority limited specifically to Summit events. (Sec. 351) Directs the Secretary of Labor to develop model language for: (1) the spousal consent required to waive the qualified joint and survivor annuity benefit or qualified preretirement survivor annuity benefit; and (2) a qualified domestic relations order with regard to alternate payees. (Sec. 352) Bars the Secretary of Labor, in certain circumstances (except when the Secretary files a complaint before final court approval of a settlement), from litigating class action or derivative action claims already resolved by a court-approved settlement agreement. Subtitle E: Reducing Regulatory Burdens - Amends the Code and ERISA, with respect to annual valuation of a plan's liability, to require actual valuation only once every three years of a plan whose assets are at least 125 percent of its current liability. Permits use of prior year valuations for any two consecutive plan years, so long as an actual valuation takes place in the third year. (Sec. 362) Amends the Code to allow the reinvestment in qualifying employer securities of any employee stock ownership plan dividend paid by a C corporation, without loss of the corporation's deduction from gross income. (Sec. 363) Amend the Tax Reform Act of 1986 to repeal the transition rule relating to certain highly compensated employees. (Sec. 364) Directs the Secretary to modify Treasury Regulations to provide that employees of tax-exempt organizations who are eligible to make contributions under a salary reduction agreement may be treated as excludable from a 401 (k) plan or 401 (m) plan if: (1) no such employee is eligible to participate in such 401(k) plan or 401(m) plan; and (2) 95 percent of other employees are eligible to participate in such a plan. (Sec. 365) Amends the Code to make a fringe benefit exclusion from gross income of any qualified retirement planning services provided to an employee and his spouse by an employer maintaining a qualified employer plan. (Sec. 366) Directs the Secretary to modify the annual return filing requirements for one-participant retirement plans (covering only the employer and spouse where the employer owns the entire business, or only one or more partners and spouses in a business partnership) to ensure that any plans with assets of $250,000 or less as of the close of the plan year need not file a return for that year. (Sec. 367) Directs the Secretary of the Treasury to continue to update and improve the Employee Plans Compliance Resolution System (or any successor program), giving special attention to certain tasks. (Sec. 368) Amends ERISA, with respect to limitations on the guarantee of single-employer plan benefits, to rename a "substantial owner" a "majority owner," who owns either the entire interest in an unincorporated trade or business, or: (1) 50 percent or more (currently more than ten percent) of either the capital interest or the profits interest in a partnership; or (2) 50 percent or more (currently more than ten percent) in value of either the voting stock of a corporation or all its stock. Revises the formula for the amount of benefits guaranteed for a majority owner of a plan which is in effect for less than 60 months when the plan terminates. Prescribes priorities for the allocation of assets to benefits when the assets available for the initial allocation are insufficient to satisfy in full the accrued benefits of all the individuals derived from their contributions. (Sec. 369) Amends the Code to repeal the restriction to situations where vouchers are not available of the exclusion from gross income of cash reimbursements as a qualified transportation fringe. (Sec. 370) Repeals the Secretary is mandate, with respect to the nondiscrimination test for matching contributions and employee contributions, to prescribe regulations to prevent the multiple use of the alternative limitation for any highly compensated employee. (Sec. 371) Directs the Secretary to provide that a plan shall be deemed to satisfy nondiscrimination requirements if it satisfies the facts and circumstances test as in effect before January 1, 1994, but only if: (1) it satisfies conditions prescribed by the Secretary to appropriately limit the availability of such test; and (2) it is submitted to the Secretary for a determination of whether it satisfies such test. Revises minimum coverage requirements to allow a plan that otherwise fails to meet such requirements to constitute a qualified plan if it meets certain requirements that were in effect immediately before enactment of the Tax Reform Act of 1986. (Such requirements stated that the plan must at least benefit employees qualifying under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are officers, shareholders, or highly compensated.) Directs the Secretary to modify certain existing regulations with respect to employers operating separate lines of business to expand the ability of a pension plan to demonstrate compliance with the line of business requirements based upon the facts and circumstances surrounding the design and operation of the plan, even though the plan is unable to satisfy the mechanical tests currently used to determine compliance. (Sec. 372) Amends the Taxpayer Relief Act of 1997 to extend to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local governmental plans. (Sec. 373) Increases from 90 to 180 days certain notice and consent periods regarding distributions. Directs the Secretary to modify certain consent regulations to provide that the description of a participant's right, if any, to defer receipt of a distribution shall also describe the consequences of failing to defer such receipt. (Sec. 374) Amends ERISA to revise the requirement that a plan administrator furnish an annual report to each participant to permit the administrator to furnish such reports only upon each participant's request. (Sec. 375) Revises the definition of excess benefit plan. (Sec. 376) Directs the Secretary of Labor to modify a certain regulation to provide that, except in the case of employment, after commencement of benefit payments, with a former employer, any required benefit suspension notice: (1) may be included in the summary plan description rather than in a separate notice; and (2) need not include a copy of the relevant plan provisions. (Sec. 377) Declares that, for purposes of determining the status under State insurance law of a church plan that is a welfare plan, such church plan (and any trust under it) shall be deemed a single-employer plan that: (1) reimburses costs from general church assets; (2) purchases insurance coverage with general church assets; or (3) both. Defines the term "reimbursing costs from general church assets" to mean engaging in a practice that does not have the effect of transferring or spreading risk. Subtitle F: Plan Amendments - Presribes application requirements for plan or contract amendments. Title IV: Extension of Work Opportunity Credit and Welfare-to-Work Credit - Amends the Code to extend from June 30, 1999, through December 31, 2001, the employer's work opportunity credit and welfare-to-work credit. (Sec. 401) Revises the exclusion from the work opportunity credit of wages paid to an employer's nonqualifying rehires to repeal the restriction of such exclusion to individuals previously employed by the employer at any time during which the individual was not a member of a targeted group (thus extending such exclusion to any individuals previously employed by the employer, regardless of whether they were or were not members of a targeted group.) Title V: Estate Tax Relief - Subtitle A: Reductions of Estate and Gift Tax Rates - Amends the Code to repeal the two highest estate tax brackets and replace them with a top bracket of "Over $2,500,000", for which the estate tax rate shall be $1,025,800, plus 50% of the excess over $2,500,000. Repeals the phase out of graduated rates and the unified credit. Requires additional reductions in estate and gift tax rates of one percent for calendar year 2003 and two percent for calendar year 2004 and thereafter. Subtitle B: Unified Credit Replaced With Unified Exemption Amount - Repeals the unified credits against the estate and gift taxes, and replaces them with a unified exemption amount, determined by specified formulae involving amounts ranging from $675,000 in calendar 2001 up to $1 million in calendar 2006 and thereafter. Grants a $60,000 exemption to the estate of a nonresident, non-U.S. citizen, with specified variations for residents of U.S. possessions. Subtitle C: Modifications of Generation-skipping Transfer Tax - Declares that, if any individual makes an indirect skip during such individual's lifetime, any unused portion of such individual's generation-skipping transfer (GST) exemption shall be allocated to the property transferred to the extent necessary to make the inclusion ratio for such property zero. Requires allocation to the property transferred of the entire unused portion if the amount of the indirect skip exceeds such unused portion. (Sec. 522) Declares that, if a trust is severed in a qualified severance, the trusts resulting from such severance shall be treated as separate trusts thereafter. (Sec. 523) Revises valuation rules for gifts for which a gift tax return was filed or deemed allocation made. Provides that, if an allocation of the GST exemption to any transfers of property is deemed to have been made at the close of an estate tax inclusion period, the value of the property shall be its value at such time. (Sec. 524) Directs the Secretary to prescribe circumstances and procedures under which extensions of time will be granted to make an allocation of GST exemption or an election not to apply specified allocation requirements to certain lifetime direct skips, indirect skips, or transfers to a particular trust. Subtitle D: Conservation Easements - Redefines land subject to a qualified conservation easement to mean land, on the decedent's date of death, located in or within: (1) 50 miles (currently, 25 miles) of a metropolitan area; (2) 50 miles (currently, 25 miles) of a national park or wilderness area.; or (3) 25 miles (currently, ten miles) of an Urban National Forest. Title VI: Tax Relief for Distressed Communities and Industries - Subtitle A: American Community Renewal Act of 1999 - American Community Renewal Act of 1999 - Title I: Designation of and Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 15 renewal communities, of which at least three shall be in rural areas. (Sec. 602) Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax deduction; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 605) Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Subtitle B: Timber Incentives - Amends the Code, with respect to the deductible amortization of reforestation expenditures, to increase the limitation on the aggregate amount of amortizable basis acquired during the taxable year from $10,000 to $25,000 (and from $5,000 to $12,5000 in the case of a separate return by a married individual) but suspends the application of such limitation between December 31, 1999 and January 1, 2004. Title VII: Real Estate Provisions - Subtitle A: Improvements in Low-Income Housing Credit - Amends the Code, with respect to the low-income housing credit, to revise the formula for the State housing credit ceiling. Replaces the set multiplicand of $1.25 (to be multiplied by the State population) with a graduated applicable multiplicand rising from $1.35 for calendar year 2000 to $1.75 for calendar year 2004 and thereafter, and a maximum product of $2 million. Provides for cost-of-living adjustments to the State ceiling. (Sec. 702) Revises the housing priority selection criteria a housing credit agency must use to develop a qualified plan for allocating housing credit dollar amounts among projects. Requires such criteria to include: (1) whether the project would use exisitng housing as part of a community revitalization plan; (2) tenant populations of individuals with children; and (3) projects intended for eventual tenant ownership. Drops from such criteria participation of local tax-exempt organizations. Requires a qualified allocation plan to: (1) give preference in making allocations to projects located in qualified census tracts whose development contributes to a concerted community revitalization plan; and (2) provide a procedure for agency monitoring for noncompliance with habitability standards through regular site visits. (Sec. 703) Requires housing credit agencies to: (1) provide for a comprehensive market study (by a disinterested party, at the developer's expense) of the housing needs of low-income individuals in the area to be served by the project before the credit allocation is made; and (2) make public a written explanation for any allocation of a housing credit dollar amount not made in accordance with the agency's established priorities and selection criteria. (Sec. 704) Revises special rules for the determination of the adjusted basis of buildings eligible for the low-income housing credit. Requires adjusted basis to include property used throughout the taxable year in providing any community service facility designed to serve primarily individuals (even if they are not tenants) whose income is 60 percent or less of area median income. Declares that assistance under the Native American Housing Assistance and Self-Determination Act of 1996 shall be disregarded in determining whether a building is federally subsidized for purposes of the low-income housing credit. (Sec. 705) Revises the definition of a qualified building (placed in service not later than the second calendar year following a housing credit dollar amount allocation) with respect to which the amount of a low-income housing credit may exceed the credit amount allocated to the building. Sets an alternative date for valuation of the taxpayer's actual basis in the project of which the building is a part (where the actual basis is more than ten percent of the taxpayer's reasonably expected basis). Allows the valuation of the actual basis to be as of the later of the date which is six months after the date that the allocation was made or (as currently) the close of the calendar year in which the allocation is made. Revises the formula for determination of the amount of State housing credit ceiling returned in a calendar year to include the dollar amount previously allocated to a project which fails to meet the ten percent test on a date after the close of the calendar year in which the allocation was made. Revises special rules for the increased basis of a building located in certain high cost areas to redefine a qualified census tract to include, as an alternative to existing criteria, a tract with a poverty rate of at least 25 percent. (Sec. 706) Revises the formula for determining unused housing credit carryovers allocated among certain States. 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 disregard in calculating the permissible 25 percent of total assets represented by securities any straight debt meeting specified requirements. (Sec. 712) 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. 713) Defines taxable REIT subsidiary. (Sec. 714) 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. 715) Imposes on a REIT a tax equal to 100 percent of redetermined rents, redetermined deductions, and excess interest. (Sec. 721) 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. 731) 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. 741) 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. 751) 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. Subtitle C: Private Activity Bond Volume Cap - Provides for an accelerated phase-in of specified increases in the volume cap on private activity bonds. Subtitle D: Exclusion From Gross Income for Certain Forgiven Mortgage Obligations - Excludes from gross income the discharge of qualified residential indebtedness, that is, the excess (if any) of the outstanding principal amount of such indebtedness (immediately before discharge), over the sum of any sales proceeds and any other outstanding principal indebtedness secured by such property. Title VIII: Miscellaneous Provisions - Amends the Code with respect to the credit for expenditures to provide access to disabled individuals to include in such credit 50 percent of so much of the eligible bus access expenditures for the taxable year with respect to each eligible bus as exceed $250 but do not exceed $30,250. (Sec. 802) Excludes from an employee's gross income as a scholarship up to $2,000 per taxable year of certain educational benefits provided by an employer to the employee's child. (Sec. 803) Allows a tax credit for 20 percent (up to $20,000) of the qualified wages paid or incurred to each qualified employee during the calendar year (ending with or within the taxable year) by each qualified U.S. independent film and television production.