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501 records in 1998
Austria · National Council · 8 May 1998
Bericht des Außenpolitischen Ausschusses über die Regierungsvorlage (907 d.B.): Europäisches Übereinkommen zum Schutz von Heimtieren
Austria · National Council · 7 May 1998
Schriftliche Anfrage der Abgeordneten Dipl.-Ing. Maximilian Hofmann und Genossen an den Bundesminister für Inneres betreffend "Goldener Abfall" <i>(Presseaussendung, in der die Sicherheitsdirektion für das</i> <i>Bundesland Oberösterreich einen oberösterreichischen</i> <i>Abfallverwerter des Betruges beschuldigt)</i>
United States · United States Congress · 7 May 1998
American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 7 May 1998
TABLE OF CONTENTS: Title I: Hours of Service Title II: Monitoring of Railroad Radio Communications Title III: Rulemaking Authority Title IV: Protection of Employees and Witnesses Title V: Miscellaneous Provisions Federal Railroad Safety Authorization Act of 1998 - Title I: Hours of Service - Amends Federal transportation law to subject managers, supervisors, officers, agents, or other employees of a railroad carrier or any employees of an independent contractor to such carrier to certain hours of duty limitation requirements for train employees. (Sec. 102) Revises hours of duty limitations for dually employed train employees where the railroad carrier has actual knowledge that the employee is dually employed and actual knowledge of the individual's schedule for the relevant time period. Defines "dually employed" as being at the same time in the employ of two or more railroad carriers, of two or more independent contractors to a railroad carrier, or of both a railroad carrier and one or more independent contractors to a railroad carrier. Prohibits dually employed train employees, if the railroad carrier has actual knowledge of their status, from remaining or going on duty: (1) unless they have had at least eight consecutive hours off duty during the prior 24 hours; or (2) until they have had at least ten consecutive hours off duty following 12 consecutive hours on duty. Includes time spent performing a service for a railroad carrier or independent contractor to a railroad carrier for purposes of determining time on duty. Prescribes mutual notification requirements for employees and employers. (Sec. 103) Applies the same eight hours off duty requirement to a dually employed signal employee, with the additional alternative of going off duty after a total of 12 hours on duty during a 24-hour period, or after the end of that 24-hour period, whichever occurs first. Includes time spent performing a service for a railroad carrier or independent contractor to a railroad carrier for purposes of determining time on duty. Prescribes mutual notification requirements for employees and employers. (Sec. 104) Sets the hours of duty limit for a dually employed dispatching service employee at: (1) a total of nine hours during a 24-hour period in a tower, office, station, or place at which at least two shifts are employed; or (2) a total of 12 hours during a 24-hour period in a tower, office, station, or place at which one shift is employed. Includes time spent performing a service for a railroad carrier or independent contractor to a railroad carrier for purposes of determining time on duty. Prescribes mutual notification requirements for employees and employers. (Sec. 106) Directs each Class I and Class II railroad carrier, each railroad carrier providing intercity rail passenger service, and each railroad carrier providing commuter passenger service to submit to the Secretary of Transportation a fatigue management plan designed to reduce the fatigue experienced by railroad employees and the likelihood of accidents and injuries caused by fatigue. Provides for the waiver of any hours of duty limitation requirements that would enhance the ability of the management plan in reducing fatigue and enhancing safety. (Sec. 107) Authorizes the Secretary to encourage railroad carriers to use electronic means with respect to railroad safety recordkeeping requirements. Title II: Monitoring of Railroad Radio Communications - Authorizes officers, employees, or agents of the Secretary to monitor railroad radio communications for the purpose of conducting any rulemaking, accident investigations, and acquiring general information as to railroad operations as it relates to railroad safety. Prohibits the use of information obtained from such monitoring as evidence for the assessment or collection of civil penalties or for implementation of other enforcement activities; except that it may be used as background for further investigation which might lead to the discovery of other useful evidence. Title III: Rulemaking Authority - Revises railroad accident and incident reporting requirements to change to not less often than quarterly (currently, not later than 30 days after the end of each month) the frequency of railroad carrier reports to the Secretary on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier's operations during that period. (Sec. 302) Directs the Secretary to prescribe regulations addressing noise emissions from high-speed rail systems, including magnetic levitation systems, when operating at speeds greater than 150 miles per hour. (Such regulations shall be in lieu of railroad-related noise regulations issued pursuant to the Noise Control Act of 1972 only for locomotives, cars, and consists of locomotive and cars when operating at speeds greater than 150 miles per hour.) Title IV: Protection of Employees and Witnesses - Revises railroad employee protection requirements to prohibit a railroad carrier from discharging or discriminating against an employee who has: (1) notified, or attempted to notify, the railroad carrier of a work-related personal injury or work-related illness of an employee; or (2) cooperated with a safety investigation by the Secretary or the National Transportation Safety Board. (Sec. 401) Prohibits a railroad carrier, under specified circumstances, from discharging or discriminating against an employee responsible for the inspection or repair of safety-related equipment, track, or structures for refusing to authorize the use of such equipment, track, or structures when the employee believes they are in a hazardous condition and that their use would endanger human life. Revises the time period in which the National Railroad Adjustment Board must resolve a discrimination charge that involves a discharge, suspension, or another action affecting pay. Reduces such time period from 180 days to 60 days after such claim is filed (but continues to allow a period of 180 days after a claim is filed if the discrimination does not involve discharge, suspension, or another action affecting pay). Requires employees found by the Board to have been discharged, suspended, or otherwise discriminated against to be made whole, including reinstatement, with an award of back pay, and with all benefits and accumulated seniority. Authorizes punitive damages sufficient to deter the railroad carrier from such conduct in the future. (Current law provides for the award of reasonable damages, including punitive damages, of not more than $20,000). (Sec. 402) Makes it unlawful for any person to knowingly: (1) interfere with, obstruct, or hamper an investigation by the Secretary that involves an accident or incident that has caused serious personal injury to an individual or to railroad property; or (2) use intimidation or physical force against, or intentionally harass, a person with the intent to influence, hinder, or prevent such person from attending or testifying at a proceeding, or reporting to a Federal or State railroad safety inspector, with respect to an investigation. Sets forth penalties. Title V: Miscellaneous Provisions - Expands the Secretary's emergency authority to order restrictions or prohibitions to include instances of unsafe conditions involving significant harm to the environment. (Sec. 502) Directs the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues when making a grant or loan to a commuter railroad to help eliminate or correct an unsafe condition that may cause a serious hazard of death or injury. (Sec. 503) Provides for adjustment of civil penalties for inflation with respect to railroad safety violations committed under Federal railroad safety law. (Sec. 504) Directs the Secretary to promote (currently, directs the Secretary to conduct a pilot program for) the establishment of emergency notification systems utilizing toll-free telephone numbers that the public can use to convey to railroad carriers, either directly or through public safety personnel, information about malfunctions of automated warning devices or other safety problems at highway-rail grade crossings. Authorizes the Secretary, in order to encourage widespread use of such systems, to provide technical assistance and enter into cooperative agreements, with emphasis on the public safety needs associated with operation of small railroads. (Sec. 505) Authorizes appropriations.
Ireland · Dáil Éireann · 6 May 1998
18 Dr. Upton asked the Minister for the Environment and Local Government the plans, if any, he has to further expand Operation Freeflow; the specific proposals, if any, he has to deal with traffic problems during the construction of Luas; and if he will make a statement on the matter. [10530/98]
Ireland · Dáil Éireann · 6 May 1998
17 Mr. Hayes asked the Minister for the Environment and Local Government the actions, if any, proposed by his Department to refurbish existing inadequate housing accommodation; and if he will make a statement on the matter. [10527/98]
Ireland · Dáil Éireann · 6 May 1998
16 Ms Clune asked the Minister for the Environment and Local Government the percentage of the budget for road construction and road maintenance provided for road markings and signage; and if he will make a statement on the matter. [10511/98]
Ireland · Dáil Éireann · 6 May 1998
18 Dr. Upton asked the Minister for the Environment and Local Government the plans, if any, he has to further expand Operation Freeflow; the specific proposals, if any, he has to deal with traffic problems during the construction of Luas; and if he will make a statement on the matter. [10530/98]
Ireland · Dáil Éireann · 6 May 1998
17 Mr. Hayes asked the Minister for the Environment and Local Government the actions, if any, proposed by his Department to refurbish existing inadequate housing accommodation; and if he will make a statement on the matter. [10527/98]
Ireland · Dáil Éireann · 6 May 1998
16 Ms Clune asked the Minister for the Environment and Local Government the percentage of the budget for road construction and road maintenance provided for road markings and signage; and if he will make a statement on the matter. [10511/98]
Ireland · Dáil Éireann · 6 May 1998
15 Mr. Howlin asked the Minister for the Environment and Local Government the position in relation to the county roads initiative; when it is expected that all county roads will be brought up to standard; the estimated total cost of achieving this objective; and if he will make a statement on the matter. [10604/98]
Ireland · Dáil Éireann · 6 May 1998
14 Mr. Dukes asked the Minister for the Environment and Local Government his immediate and long-term policies for dealing with the high levels of sulphur dioxide, nitrogen oxide, particulate matter and lead in Dublin and Cork, as a consequence of increased traffic levels; the response the Minister of State, Deputy Wallace, gave at the EU Council meeting in Brussels on 23 March 1998; when this matter was discussed; and if he will make a statement on the matter. [10460/98]
United States · United States Congress · 6 May 1998
Expresses the sense of the Senate that the President should instruct the Secretary of Energy to consider the Advanced Technology Research Project and report to the Senate Committee on Energy and Natural Resources on: (1) whether the United States should encourage the establishment of an international project to facilitate the evaluation and international exchange of data relating to advanced nuclear waste technologies; (2) whether such project could be funded privately and administered by an international nongovernmental, nonprofit organization, with operations in countries that have an interest in developing such technologies; and (3) any legislation that the Secretary believes would be required to enable such a project to be undertaken.
European Union · European Commission · 6 May 1998
United States · United States Congress · 5 May 1998
Omnibus Mercury Emissions Reduction Act of 1998 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for mercury and mercury compound emissions applicable to: (1) electric utility steam generating units; (2) coal- and oil-fired commercial and industrial boiler units that have a maximum design heat input capacity of ten mmBtu (millions of British thermal units) per hour or greater; (3) chlor-alkali plants that use the mercury cell production process; and (4) dust from Portland cement plants. Requires such units and plants to have permits no later than two years after this Act's enactment. Prescribes a minimum required emission reduction, such that a unit or plant reduce annual poundage of mercury emitted below its mercury emission baseline by at least 95 percent. Authorizes emission trading among electric utility or coal- and oil-fired units contained at a single site if the aggregate annual reduction from all units is at least 95 percent. Requires the Administrator to authorize methods of control of mercury emissions. Sets forth permit requirements, including requirements for monitoring and analysis, inspection, entry, compliance certification, and reporting. Establishes specific mercury emission baselines for classes of electric utility and coal- and oil-fired boiler units, including those in operation before January 1, 1995, and those beginning operation after this Act's enactment. Requires the regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that: (1) the mercury hazards are not transferred from one environmental medium to another; and (2) there is no release of mercury into the environment. Directs the Administrator to establish a program of long-term research to develop and disseminate information on methods such as separating, solidifying, recycling, and encapsulating mercury-bearing waste so that the mercury does not volatize, migrate to groundwater or surface water, or contaminate the soil. Requires the Administrator to make emission data for each unit and plant available annually to the public. (Sec. 5) Directs the Administrator to publish a list of mercury-containing items to be separated and removed from the waste steams that feed solid waste incineration units. Requires manufacturers of listed items to label items (or, in the case of button cell batteries, packages) to indicate that a product contains mercury. Directs the Administrator to promulgate regulations prescribing procedures for monitoring and analysis for mercury emissions from solid waste combustion flue gases and determining compliance with such requirements. Requires solid waste incineration units operating pursuant to permits issued under the Act to submit plans for: (1) separating and removing listed mercury-containing items from waste streams that feed such units; (2) transferring separated waste to a recycling facility or treatment, storage, or disposal facility permitted under Subtitle C of the Solid Waste Disposal Act; (3) monitoring and reporting on plan compliance; and (4) achieving full compliance with the plan within 18 months of plan approval. Directs the Administrator or a State to enforce plans for units without approved plans. Requires permits for solid waste incineration units to specify inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to make mercury emission data for each unit available annually to the public. (Sec. 8) Requires the Administrator to report to the Congress on the extent to which the annual poundage of mercury and mercury compound emissions from medical waste incinerators and hazardous waste combustors in the United States has been reduced below specific baselines. (Sec. 10) Directs the Secretary of Defense to report to the Congress on the use of mercury and mercury compounds by the Department of Defense. (Sec. 11) Requires the Administrator to report to the Congress on the sources and extent of mercury emissions in North America. (Sec. 12) Directs the Administrator to establish: (1) a program to characterize and quantify the potential mercury-related health effects on high-risk populations; and (2) a mercury public awareness and prevention program targeted at populations most at risk from exposure to mercury. Requires the Secretary of Health and Human Services and the Administrator to establish an advisory committee to report on the progress made by the Federal Government, State and local governments, industry, and other regulated entities in complying with the mercury-related amendments made by this Act. Directs the Administrator to submit to the Congress a report that characterizes mercury and mercury-compound sedimentation trends in Lake Champlain, the Chesapeake Bay, the Great Lakes, the finger lakes region of upstate New York, Tampa Bay, and other water bodies of concern. Requires the Administrator to evaluate: (1) data collected by EPA and each State concerning mercury contamination of fish; and (2) advisories to warn the public about the consumption of mercury-contaminated fish. Directs the Administrator to: (1) implement any changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, characterization of mercury contamination, and thresholds above which advisories will be issued; and (2) make biennial reports available to the public concerning mercury levels in fish and any consumption advisories that have been issued.
United States · United States Congress · 1 May 1998
Asthma Inhaler Protection Act - Requires the Commissioner of Food and Drugs, before beginning the rulemaking mandated below, to conduct specified assessments regarding: (1) health and environmental risks and benefits; and (2) whether measures and recommendations adopted by the Tenth Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer will facilitate the U.S. transition to non-chlorofluorocarbon (non-CFC) respiratory disease treatments without increasing health risks. Mandates, after the assessments above, a regulation regarding whether and in what cases particular CFC metered-dose inhalers are necessary for purposes of eligibility for class I allowances and represent essential uses of class I substances under specified provisions of the Clean Air Act. Amends the Federal Food, Drug, and Cosmetic Act to require, regarding any new drug or abbreviated new drug application for any drug containing CFCs, a preliminary assessment of whether the drug represents a significant therapeutic advance over previously-approved products and, if not, requires application disapproval.
United States · United States Congress · 30 April 1998
Economic Growth and Sovereignty Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 30 April 1998
Sound Science, Safe Imports, and Healthy Communities Act of 1998 - Prohibits the Secretary of Agriculture from implementing a final rule permitting importation of Brazilian papayas into the continental United States, Alaska, Puerto Rico, or the Virgin Islands until certain agricultural and environmental requirements have been met to prevent introduction of the Mediterranean and South American fruit flies and other plant pests and diseases into the United States (and specifically, Florida).
United States · United States Congress · 30 April 1998
States that the House of Representatives: (1) recognizes that the creation of a better America depends in large part on the active involvement of fathers in the raising and development of their children; (2) urges each father to accept his full share of responsibility for the lives of his children, and to be actively involved in raising them, and to encourage their academic, moral, and spiritual development; (3) encourages each father to devote time, energy, and resources to his children, recognizing that they need not only material support, but more importantly a secure, affectionate, family environment; and (4) expresses its support for a national summit on fatherhood.
European Union · European Commission · 30 April 1998
United States · United States Congress · 28 April 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions REAL Life Economic Empowerment Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 50 renewal communities. 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 neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude 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. Provides for designation of up to 25 qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (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. 205) 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. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
Austria · National Council · 24 April 1998
Schriftliche Anfrage der Abgeordneten Andreas Wabl und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Marktgemeinde Feldkirchen, Altstoffsammelzentrum und Bauhof, wasserrechtliche Bewilligung
Austria · National Council · 24 April 1998
Schriftliche Anfrage der Abgeordneten Andreas Wabl und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Versäumnisse bei der Umsetzung der WRG <i>(Wasserrechtsgesetz)</i> -Novelle 1997
United States · United States Congress · 23 April 1998
Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding. Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer. Requires the conveyance under this Act to occur promptly after the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe that their trust assets have been protected, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed, to report to specified congressional committees within 18 months after the enactment of this Act on the transfer's status, obstacles, and anticipated completion date.
France · Senate · 22 April 1998
United States · United States Congress · 22 April 1998
Transit in Parks (TRIP) Act - Amends Federal mass transportation law to declare that it is in the interest of the United States to encourage and promote the development of transportation systems for the betterment of the national parks and other units of the National Park System, national wildlife refuges, recreational areas, and other public lands in order to conserve natural, historical, and cultural resources, prevent adverse impact and reduce pollution, and enhance visitor mobility and accessibility. Requires the Secretary of Transportation to develop a cooperative relationship with the Secretary of the Interior for: (1) the exchange of technical assistance; (2) creation of interagency and multidisciplinary teams to develop Federal land management agency transportation policy; and (3) the development of procedures and criteria for planning, selecting, and funding qualified mass transportation projects. Authorizes the Secretary of Transportation to contract for or enter into grants, cooperative agreements, or other agreements with qualified participants to carry out qualified mass transportation projects (including mass transportation projects that are of regional or national significance) in national parks and related public lands. Sets forth: (1) limits for planning, research, and technical assistance for such projects (including the Federal share of costs); and (2) specified project criteria. Makes mass transportation projects under this Act eligible for funding through a State Infrastructure Bank or other innovative financing mechanism. Authorizes the Secretary to undertake, or make grants or contracts (including agreements with Federal departments, agencies, and instrumentalities) or other agreements for research, development, and deployment of new technologies that will conserve resources and prevent adverse environmental impact, improve visitor mobility and accessibility, and reduce pollution (including noise and visual pollution) in the national parks and related public lands. Directs the Secretary to study and report to specified congressional committees on alternative needs in national parks and related public lands that are managed by Federal land management agencies. Authorizes appropriations.
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Österreichs Position zum Weißbuch "Energie für die Zukunft: Erneuerbare Energieträger" der Europäischen Kommission
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Mag. Karl Schweitzer und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Katalysatoren für feste Brennstoffe
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundeskanzler betreffend Österreichs Position zum Weißbuch "Energie für die Zukunft: Erneuerbare Energieträger" der Europäischen Kommission
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Österreichs Position zum Weißbuch "Energie für die Zukunft: Erneuerbare Energieträger" der Europäischen Kommission
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für wirtschaftliche Angelegenheiten betreffend Österreichs Position zum Weißbuch "Energie für die Zukunft: Erneuerbare Energieträger" der Europäischen Kommission
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für wirtschaftliche Angelegenheiten betreffend Behinderung von wirksamen Klimaschutzmaßnahmen in anderen EU-Ländern <i>(Beeinspruchung eines Gesetzentwurfes bezüglich Verbot der</i> <i>Elektroheizungen der Hansestadt Hamburg)</i>
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an die Bundesministerin für Arbeit, Gesundheit und Soziales betreffend Österreichs Position zum Weißbuch "Energie für die Zukunft: Erneuerbare Energieträger" der Europäischen Kommission
Austria · National Council · 16 April 1998
Schriftliche Anfrage der Abgeordneten Karl Gerfried Müller und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Fristen für richtlinienkonforme Entsorgung von Abwässern
Austria · National Council · 15 April 1998
Schriftliche Anfrage der Abgeordneten Dipl.-Ing. Dr. Peter Keppelmüller und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend die regionale Verteilung der Altlastenförderung
Austria · National Council · 15 April 1998
Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für wirtschaftliche Angelegenheiten betreffend "Stranded Investments" der österreichischen Elektrizitätswirtschaft
Austria · National Council · 3 April 1998
Schriftliche Anfrage der Abgeordneten Mag. Herbert Haupt und Genossen an die Bundesministerin für Frauenangelegenheiten und Verbraucherschutz betreffend offizielle BSE <i>(Bovine Spongiforme Encephalopathie)</i> -freie Zone Österreich
United States · United States Congress · 3 April 1998
Small Business Regulatory Assistance Act of 1998 - Amends the Small Business Act to require each participating Federal agency (the Internal Revenue Service, Environmental Protection Agency, and Department of Labor), the Assistant Administrator for Small Business Development Centers of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan. Directs the Assistant Administrator to develop and publish guidelines for the establishment by SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses, with an exception concerning legal services. Requires annual reports from: (1) each SBDC to the Assistant Administrator on assistance provided; and (2) the Assistant Administrator to the House and Senate Small Business Committees and the Regulatory Fairness Board concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs, and recommendations for improvements in the regulation of small businesses participating in the system. Directs the Comptroller General to evaluate the system and submit findings to such Committees. Provides State funding limits for such assistance, with exceptions and an exemption from matching requirements. Prohibits the Assistant Administrator from providing any funds to an SBDC after September 30, 2000, unless such SBDC has been approved for funding under a certification requirement (with a waiver for a good faith effort to achieve such certification). Authorizes appropriations for FY 1999 through 2002.
United States · United States Congress · 2 April 1998
Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) authorize the use of grants to fund revolving loan funds and similar arrangements to make loans, guarantees, financial services, or related activities more accessible to residents, institutions, organizations, or businesses; (5) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (6) require the lead implementing entity for an empowerment zone to establish a performance measurement system.
United States · United States Congress · 2 April 1998
Federal Facilities Clean Water Compliance Act of 1998 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements pertaining to water pollution control, including requirements for permits or reporting, injunctive relief, sanctions to enforce relief, payment of reasonable service charges, administrative orders, and penalties or fines. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions against Federal agencies under the Act. Requires States, unless a State law or constitution requires otherwise, to use penalties collected from the Federal Government under the Act only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement. Includes Federal agencies within the definition of "person" for purposes of the Act.
United States · United States Congress · 2 April 1998
Omnibus Mercury Emissions Reduction Act of 1998 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for mercury and mercury compound emissions applicable to: (1) electric utility steam generating units; (2) coal- and oil-fired commercial and industrial boiler units that have a maximum design heat input capacity of ten mmBtu (millions of British thermal units) per hour or greater; (3) chlor-alkali plants that use the mercury cell production process; and (4) dust from Portland cement plants. Requires such units and plants to have permits no later than two years after this Act's enactment. Prescribes a minimum required emission reduction, such that a unit or plant reduce annual poundage of mercury emitted below its mercury emission baseline by at least 95 percent. Authorizes emission trading among electric utility or coal- and oil-fired units contained at a single site if the aggregate annual reduction from all units is at least 95 percent. Requires the Administrator to authorize methods of control of mercury emissions. Sets forth permit requirements, including requirements for monitoring and analysis, inspection, entry, compliance certification, and reporting. Establishes specific mercury emission baselines for classes of electric utility and coal- and oil-fired boiler units, including those in operation before January 1, 1995, and those beginning operation after this Act's enactment. Requires the regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that: (1) the mercury hazards are not transferred from one environmental medium to another; and (2) there is no release of mercury into the environment. Directs the Administrator to establish a program of long-term research to develop and disseminate information on methods such as separating, solidifying, recycling, and encapsulating mercury-bearing waste so that the mercury does not volatize, migrate to groundwater or surface water, or contaminate the soil. Requires the Administrator to make emission data for each unit and plant available annually to the public. (Sec. 5) Directs the Administrator to publish a list of mercury-containing items to be separated and removed from the waste steams that feed solid waste incineration units. Requires manufacturers of listed items to label items (or, in the case of button cell batteries, packages) to indicate that a product contains mercury. Directs the Administrator to promulgate regulations prescribing procedures for monitoring and analysis for mercury emissions from solid waste combustion flue gases and determining compliance with such requirements. Requires solid waste incineration units operating pursuant to permits issued under the Act to submit plans for: (1) separating and removing listed mercury-containing items from waste streams that feed such units; (2) transferring separated waste to a recycling facility or treatment, storage, or disposal facility permitted under Subtitle C of the Solid Waste Disposal Act; (3) monitoring and reporting on plan compliance; and (4) achieving full compliance with the plan within 18 months of plan approval. Directs the Administrator or a State to enforce plans for units without approved plans. Requires permits for solid waste incineration units to specify inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to make mercury emission data for each unit available annually to the public. (Sec. 8) Requires the Administrator to report to the Congress on the extent to which the annual poundage of mercury and mercury compound emissions from medical waste incinerators and hazardous waste combustors in the United States has been reduced below specific baselines. (Sec. 10) Directs the Secretary of Defense to report to the Congress on the use of mercury and mercury compounds by the Department of Defense. (Sec. 11) Requires the Administrator to report to the Congress on the sources and extent of mercury emissions in North America. (Sec. 12) Directs the Administrator to establish: (1) a program to characterize and quantify the potential mercury-related health effects on high-risk populations; and (2) a mercury public awareness and prevention program targeted at populations most at risk from exposure to mercury. Requires the Secretary of Health and Human Services and the Administrator to establish an advisory committee to report on the progress made by the Federal Government, State and local governments, industry, and other regulated entities in complying with the mercury-related amendments made by this Act. Directs the Administrator to submit to the Congress a report that characterizes mercury and mercury-compound sedimentation trends in Lake Champlain, the Chesapeake Bay, the Great Lakes, the finger lakes region of upstate New York, Tampa Bay, and other water bodies of concern. Requires the Administrator to evaluate: (1) data collected by EPA and each State concerning mercury contamination of fish; and (2) advisories to warn the public about the consumption of mercury-contaminated fish. Directs the Administrator to: (1) implement any changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, characterization of mercury contamination, and thresholds above which advisories will be issued; and (2) make biennial reports available to the public concerning mercury levels in fish and any consumption advisories that have been issued.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Establishment, Administration, and Jurisdiction Title II: Management Provisions Title III: Transfer Provisions Title IV: Funding Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 104) Considers all Area paved roads as forest highways. Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented. (Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management. (Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance. (Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act. Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit. (Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions. Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration. (Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Establishment, Administration, and Jurisdiction Title II: Management Provisions Title III: Transfer Provisions Title IV: Funding Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 104) Considers all Area paved roads as forest highways. Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented. (Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management. (Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance. (Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act. Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit. (Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions. Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration. (Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health Medical Program of the the Uniformed Services (CHAMPUS) concerning the defense plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the National School Lunch Act Title II: Amendments to the Child Nutrition Act of 1966 Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 Child Nutrition and WIC Reauthorization Amendments of 1998 - Title I: Amendments to the National School Lunch Act - Amends the National School Lunch Act (NSLA) with respect to direct expenditures for agricultural commodities and other foods to repeal requirements for: (1) interim sources of funds pending supplemental appropriations; and (2) State matching funds for such interim funds and for cash donations in lieu of commodity donations. (Sec. 102) Allows State agencies to retain up to one-half of any program funds recovered during State-conducted audits or reviews of school food authorities, institutions, and service institutions participating in food assistance programs authorized under NSLA and the Child Nutrition Act of 1966 (CNA). Requires State agencies to use such funds for otherwise allowable program costs to improve management operations of such programs within the State, including by providing funds to school food authorities, institutions, and service institutions participating in such programs. (Sec. 103) Repeals a prohibition against requiring a State to match Federal funds for meals in private schools if the State educational agency is prohibited by law from disbursing State appropriated funds to private schools. Sunsets the Secretary of Agriculture's authority to disburse NSLA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 104) Requires all schools participating in the National School Lunch Program (lunch program) under NLSA or the School Breakfast Program (breakfast program) under CNA in which meals are prepared on site to obtain inspections twice during each school year that indicate food service operations meet State or local health and safety standards. (Sec. 105) Repeals the Secretary's authority, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, to award grants for food and nutrition demonstration projects. Requires schools participating in the lunch program or breakfast program to make every effort to establish meal service periods that provide children adequate time to fully consume their meals in an environment conducive to eating. (Sec. 106) Directs the Secretary to require that schools in the contiguous United States purchase for the lunch program and breakfast program, whenever possible, only food products that are produced in the United States. (Sec. 107) Revises the NLSA summer food service program to apply to suppers and supplements the Secretary's authority to establish adjustments to reimbursement rates in the States of Alaska and Hawaii, and in specified territories, to reflect differences in costs from those in all other States. Revises the eligibility criteria for private nonprofit institutions under the summer food service program to increase from five to 25 the number of sites they may operate. Repeals certain summer food service program requirements relating to: (1) a March 1st deadline for indication of interest; (2) restrictions on meal contracting; and (3) vendor registration. Extends through FY 2002 the authorization of appropriations for the NLSA summer food service program. (Sec. 108) Reauthorizes through FY 2002 the NSLA commodity distribution program, which may use Commodity Credit Corporation (CCC) and other specified funds to purchase agricultural commodities for use in programs under NLSA, CNA, and the Older Americans Act of 1965. (Sec. 109) Revises NLSA child and adult care food program requirements for licensing and alternate approval for schools and outside school hours child care. Reinstates categorical eligibility, under the NLSA child care food program, for participants in the Even Start program of the Elementary and Secondary Education Act of 1965. (Extends such eligibility through FY 2002; it had ended with FY 1997.) Revises conditions for child and adult care program participation by institutions moving toward compliance with the requirement for tax exempt status. Repeals a notification requirement for incomplete applications. Requires State agencies, at least once every two years, to provide notification of child and adult care program availability, participation requirements, and application procedures to each nonparticipating institution or family or group day care home that is located in a needy area within the State, and has Federal, State, or local licensing or approval or receives funds under Social Security Act block grants to States for social services. Repeals the requirement that a participating State provide sufficient training, technical assistance, and monitoring to facilitate effective program operation. Repeals the Secretary's mandate to make funds available each fiscal year for State audits of participating institutions in the child care food program. Directs the Secretary to provide State agencies with increased levels of training and technical assistance for their management and oversight of the child and adult care program. Allows institutions that provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year to participate in the child care food program. Defines as at-risk any children who: (1) are age 12 through 18; and (2) live in a geographical area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under NSLA or CNA. Allows such institutions to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (2) one supplement per child per day. Directs the Secretary to provide State agencies with information concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program) under CNA. Requires State agencies to ensure that each participating child care center (other than institutions providing care to school children outside of school hours) receives certain WIC program informational materials and updates, and provides such information to parents of enrolled children annually. Repeals specified termination dates to grant permanent authorization to demonstration projects for child care food program qualification of private for-profit organizations providing nonresidential day care services. (Sec. 110) Allows emergency shelter homeless programs to participate in the child and adult care food program. Allows shelters to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to resident children through age 12; and (2) not more than three meals or two meals and a supplement per child per day. (Sec. 111) Repeals authority for certain demonstration projects involving: (1) meals and supplements outside of school hours; (2) fortified fluid milk; (3) fruits, vegetables, legumes, cereals, and grain-based products; (4) low-fat dairy products and lean meat and poultry products; and (5) reduced paperwork and application requirements and increased participation. (Sec. 112) Extends through FY 2002 the authorization of appropriations for training and technical assistance under the child and adult care food program. (Sec. 113) Extends through FY 1999 authority to fund the food service management institute, including mandatory and discretionary activities. (Sec. 114) Extends through FY 2002 the authorization of appropriations for compliance and accountability activities under the child and adult care food program. (Sec. 115) Extends through FY 1999 authority to fund an information clearinghouse for nongovernmental groups on food assistance and self-help activities for low-income individuals and communities. Makes the Secretary's authority to contract for such a clearinghouse discretionary rather than mandatory. Waives competition requirements for a contract with any organization that has performed satisfactorily under a previous clearinghouse contract. (Sec. 116) Repeals the requirement that the Secretary provide guidance and grant assistance to eligible entities for accommodating special dietary needs of individuals with disabilities who participate in covered programs under NSLA and CNA. Authorizes the Secretary to carry out accommodation activities, including guidance, technical assistance, training, and grants for State agencies and eligible entities. Title II: Amendments to the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to Sunsets the Secretary of Agriculture's authority to disburse CNA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 202) Repeals specified requirements for reallocation of State administrative expense funds. Eliminates the ten percent limitation on the transfer of administrative expense funds under CNA and NSLA. Extends through FY 2002 the authorization of appropriations for State administrative expenses under CNA. (Sec. 203) Establishes additional program application requirements, involving physical presence, income documentation, and verification, for the special supplemental nutrition program for women, infants and children (WIC program). Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Extends through FY 2002: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) infant formula procurement; (2) spend-forward authority; (3) matching funds requirement; (3) ranking criteria for farmers market nutrition program State plans; and (4) disqualification of certain vendors convicted of trafficking or illegal sales. (Sec. 204) Authorizes appropriations in necessary amounts (currently gives a specified amount for each fiscal year) for FY 1999 through 2002 for the nutrition education and training program under CNA. Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to revise provisions relating to applicability and customer acceptability information. (Sec. 302) Adds to such Act food distribution requirements relating to the Secretary of Agriculture's authority to: (1) transfer commodities between programs; (2) resolve claims; (3) use specified funds to make payment of costs associated with management of commodities which pose a health or safety hazard; and (4) accept commodities donated by Federal sources.
United States · United States Congress · 1 April 1998
Clean Air Common Sense Act - Sets forth provisions regarding the Administrator of the Environmental Protection Agency's authorities to establish a requirement that States submit measures in State implementation plans under the Clean Air Act to ensure that emission reductions are achieved to mitigate transport of ozone pollution and oxides of nitrogen emissions across States included in the Ozone Transport Assessment Group Region (relating to the eastern portion of the United States). Prohibits: (1) the promulgation of a final rule to establish such requirement before the expiration of the one-year period beginning on the date the Administrator publishes notice that data described in this Act is publicly available; and (2) such rule from becoming effective before the later of May 1, 2005, or the expiration of the five-year period beginning on the date the rule is promulgated. Directs the Administrator, during the one-year period beginning on this Act's enactment, to collect data that the States in such region develop through air quality monitoring and modeling with respect to oxides of nitrogen and other pollutants to be regulated for purposes of a specified 1997 proposed rulemaking. Makes data publicly available after the expiration of such period. Establishes additional time frames with respect to the Administrator's findings, and denial of petitions, regarding sources that emit oxides of nitrogen or other pollutants to be regulated under the proposed rulemaking in violation of interstate pollution abatement requirements.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: San Rafael Swell National Heritage Area Title II: San Rafael Swell National Conservation Area Subtitle A: Establishment of Conservation Area Subtitle B: Wilderness Areas Within Conservation Area Subtitle C: Other Special Management Areas Title III: Additional Wilderness Areas Outside of Conservation Area; Wilderness Administration Provisions Title IV: General Management Provisions San Rafael Swell National Heritage and Conservation Act - Title I: San Rafael Swell National Heritage Area - San Rafael Swell National Heritage Area Act - Establishes the San Rafael Swell National Heritage Area in Utah. (Sec. 104) Authorizes the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to recognize a management entity for the Heritage Area to be known as the San Rafael Regional Heritage Council. Specifies eligibility requirements and general authorities of the Council. (Sec. 105) Directs the entity, within three years after enactment of this Act, to prepare (with appropriate public participation) and submit to the Secretary a Heritage Area management plan. Requires such plan to present comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area. Requires the Secretary to approve or disapprove of such plan within 60 days after its receipt. (Sec. 106) Provides for implementation of an approved management plan which preserves the cultural, historical, natural, and recreational resources of the Heritage Area. (Sec. 107) Authorizes the Secretary to provide technical and financial assistance to the entity and, upon the entity's request, to units of government, nonprofit organizations, and other persons, to assist in plan preparation and implementation. Directs the Secretary to inform the public of the location and character of the Heritage Area. (Sec. 108) Outlines duties of other Federal agencies with respect to activities in the Heritage Area and their effect on plan implementation. Provides savings provisions. (Sec. 110) Authorizes appropriations for the Heritage Area. Prohibits Federal assistance provided under this title from exceeding 50 percent of required amounts. Title II: San Rafael Swell National Conservation Area - Subtitle A: Establishment of Conservation Area - Establishes the San Rafael Swell National Conservation Area to preserve and maintain heritage, tourism, recreational, historical, scenic, archaeological, paleontological, biological, cultural, scientific, educational, and economic resources. Withdraws the Federal lands within the Conservation Area from all forms of entry, appropriation, or disposal under the public land laws, as well as from entry, application, and selection under related laws. Prohibits any commercial sale of trees and forest products located within the Conservation Area. (Sec. 203) Directs the Secretary to prepare and begin implementation of a Conservation Area management plan. Directs the Secretary and the San Rafael Swell National Conservation Area Advisory Council (established under this title) to review such plan at least every ten years and make appropriate revisions. Requires such plan to be a multiple use, sustained yield management plan and to be consistent with the Heritage Area management plan. Authorizes the Secretary to: (1) establish a visitors center to interpret the history and geological, ecological, natural, cultural, and other resources of the Conservation Area; and (2) provide for visitor use of the public lands in the Conservation Area. Prohibits the restriction of recognized agricultural practices or other activities on private land adjacent to or within the Conservation Area. (Sec. 204) Authorizes the Secretary to acquire lands and interests therein in order to further the purposes of this title and to utilize land exchanges to resolve land-use conflicts within the Conservation Area. (Sec. 205) Establishes the San Rafael Swell National Conservation Area Advisory Council to advise and assist the Secretary in Conservation Area management. (Sec. 207) States that nothing in this Act shall be construed to prohibit the Secretary from installing communications equipment in the Conservation Area for public safety purposes. Subtitle B: Wilderness Areas Within Conservation Area - Designates specified areas within the Conservation Area as wilderness areas and components of the National Wilderness Preservation System (NWPS). Directs the Secretary to manage such areas and to prepare management plans for each area. Subtitle C: Other Special Management Areas - Establishes in the Conservation Area the San Rafael Swell Desert Bighorn Sheep Management area (Bighorn area) to provide for management of such sheep and their habitat, and related activities. Prohibits mechanized travel within the Bighorn area, with exceptions. Provides for Bighorn area management by the Secretary and the Utah Division of Wildlife Resources, including the public viewing of such animals in their natural habitat. Requires a management plan for the Bighorn area. (Sec. 232) Directs the Secretary to designate areas within the Heritage Area as semi-primitive nonmotorized use areas, with specified requirements. Requires a management plan for each area so designated. (Sec. 233) Directs the Secretary to designate areas within the Conservation Area as a scenic visual area of critical environmental concern in order to preserve the scenic value of the Interstate 70 corridor within the Conservation Area. Title III: Additional Wilderness Areas Outside of Conservation Area; Wilderness Administration Provisions - Designates certain areas in the Heritage Area outside of the Conservation Area as wilderness areas and components of the NWPS. (Sec. 302) Directs the Secretary to administer such areas and to prepare management plans for each area. Allows the continuation of current livestock grazing in such areas. (Sec. 304) Finds and directs that public lands administered by BLM in Emery and Carbon counties, Utah, have been adequately studied for wilderness designation. Releases from wilderness consideration any such lands not already designated. Title IV: General Management Provisions - Directs the Secretary to permit domestic livestock grazing in the Conservation Area and in semi-primitive areas outside the Conservation Area where such grazing was established prior to the enactment of this Act. (Sec. 402) Directs the Secretary to: (1) allow for the discovery, protection, and interpretation of cultural or paleontological resources within the Conservation Area or within designated wilderness or semi-primitive areas; and (2) assure nonexclusive access to traditional cultural and religious sites within such Area or areas for Native Americans. (Sec. 404) States that nothing in this Act shall preclude low-level overflights over conservation, wilderness, or semi-primitive areas. (Sec. 405) Discontinues the reservation of Oil Shale Reserve Numbered 2 within the Desolation Canyon Wilderness Area and Big Horn Bench and Trail Canyon for oil shale purposes and requires it to be managed by BLM. (Sec. 406) Authorizes the Governor of Utah to identify, describe, and notify the Secretary of any school and institutional trust lands the value or economic potential of which is diminished by the establishment of the Conservation Area or the designation of a wilderness or semi-primitive area. Provides for a Federal-State exchange of lands in such cases. (Sec. 407) States that nothing in this Act shall constitute an express or implied Federal reservation of water arising from designations made. Authorizes the United States to exercise appropriate water rights under Utah State law. States that this Act shall not affect the: (1) Colorado River or its water works; or (2) jurisdiction or responsibilities of Utah with respect to fish and wildlife management activities.
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Title II: Department of Housing and Urban Development Brownfield Grants Brownfield Community Empowerment Act - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to award grants to local governments and citizens' organizations to inventory brownfield sites, conduct brownfield site assessments, and provide training and support to residents and local citizens in assessment, cleanup, and related activities with respect to brownfields and associated waterways and wetlands. Defines a "brownfield site" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. Requires States to submit information to the Administrator on brownfield sites. Directs the Administrator to compile a National Brownfields Registry. (Sec. 112) Requires the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites and associated properties, rivers, and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of brownfield sites. Gives priority to grant applications that: (1) propose the creation of jobs or job training programs or use existing programs; or (2) involve projects for brownfields located within any empowerment zone or enterprise community. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. (Sec. 113) Authorizes appropriations from the Hazardous Substance Superfund (Superfund) for such grants for FY 1999 through 2003. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and Federal facilities. Authorizes the President to make exceptions for certain excluded facilities and allow grants on a facility-by-facility basis. (Sec. 116) Amends CERCLA to replace existing conditions on siting with one that prohibits the President from providing any remedial actions unless the State in which the hazardous substance release occurs prohibits the issuance of new permits for hazardous waste treatment, storage, and disposal facilities located within 5,000 feet of any school, currently used or potentially available body of water, drinking water source, residential dwelling, or hospital. (Sec. 119) Authorizes appropriations for grant programs and for assistance to States for voluntary response programs for FY 1999 through 2001. (Sec. 120) Authorizes the Administrator to award grants and cooperative agreements to States, Indian tribes, municipalities, and other entities for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 121) Requires the Administrator to provide financial assistance for brownfields workforce training programs in communities that contain brownfield sites. (Sec. 123) Amends the Internal Revenue Code to require Superfund to be available for natural resource damage assessment, restoration, rehabilitation, and replacement activities carried out under CERCLA. Title II: Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects for the cleanup and economic redevelopment of brownfield sites. Authorizes appropriations for FY 1999 through 2001.
United States · United States Congress · 1 April 1998
Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system.
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Incentives to Reduce Youth Tobacco Use Subtitle A: National Tobacco Trust Fund Subtitle B: Payments to States Subtitle C: Annual Youth Tobacco Use Reductions Title II: Regulation of the Tobacco Industry Subtitle A: Food and Drug Administration Jurisdiction and General Authority Subtitle B: Regulation of Tobacco Products Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling Subtitle D: Penalties Title III: Public Health Initiatives Subtitle A: State-Federal Anti-Tobacco Partnership Subtitle B: Health Research Program Subtitle C: Miscellaneous Provisions Title IV: Liability Provisions and Consent Decrees Subtitle A: Liability Provisions Subtitle B: Consent Decrees Title V: Tobacco Farm Family and Community Assistance Trust Fund Title VI: Reducing Exposure to Environmental Tobacco Smoke Title VII: Miscellaneous Provisions Kids Deserve Freedom From Tobacco Act of 1998 - KIDS Act - Title I: Incentives to Reduce Youth Tobacco Use - Subtitle A: National Tobacco Trust Fund - (Sec. 101) Establishes the National Tobacco Trust Fund. Appropriates and transfers to the Fund amounts received under section 102, paid under section 103, and repaid or recovered under subtitle B. Authorizes appropriations to the Fund as repayable advances. Requires that Fund amounts be appropriated by the Appropriations committees of the Congress exclusively for this Act's purposes. Allows those Committees to transfer funds among this Act's programs, prohibiting certain transfers. Requires that amounts be made available, according to tables of percentages of Fund amounts, for specified programs and activities. Prohibits taking into account amounts appropriated under this paragraph and outlays from those appropriations for any budget enforcement under the Congressional Budget of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985. Amends title XIX (Medicaid) of the Social Security Act to declare that certain Medicaid overpayment provisions do not apply to amounts recovered or paid to a State as part of a settlement or judgment reached in State litigation against tobacco manufacturers. Requires the Office of Management and Budget to annually determine whether section 102 payments decreased excise tax collections under Internal Revenue Code chapter 52 (Tobacco Products and Cigarette Papers and Tubes). Mandates, if there is a shortfall, a transfer from the Fund to the Treasury. (Sec. 102) Mandates initial and annual payments to the Fund by each manufacturer based on market share. Waives payments for a manufacturer in any year if that manufacturer's tobacco product is used by less than one half of one percent of all children who used any tobacco product that year. Applies this section to manufacturers who begin manufacturing tobacco products after enactment of this Act and imposes a penalty for failure of such manufacturers to make a payment. Exempts a manufacturer that has resolved tobacco civil actions with more than 25 States before January 1, 1998, and offers to enter similar agreements with all other States. Requires manufacturers to increase prices to reflect the assessment. Declares that, if a manufacturer fails to make a required payment: (1) the liability provisions of subtitle A of title IV do not apply; (2) penalties must be imposed under section 103; and (3) the manufacturer's license (under section 222) must be revoked until the assessment is paid. Makes 25 percent of the payment, and penalties under subtitle B, not an ordinary and necessary business expense for purposes of the Internal Revenue Code and not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. (Sec. 103) Directs the Secretary of the Treasury to enforce section 102 regarding nonpayment. Regulates the penalty amount. Declares that no financial responsibility or liability of any person under this Act shall be extinguished, reduced, or modified as the result of any bankruptcy proceeding. Subtitle B: Payments to States - (Sec. 111) Authorizes appropriations to reimburse each State for State expenditures for the treatment of tobacco-related conditions. Sets forth the percentages to be received by each State. Allows a State to use 50 percent for any activities determined appropriate by the State. Requires a State to use at least 50 percent for additional activities or services under: (1) Social Security Act titles IV (part A) (Temporary Assistance for Needy Families) (TANF), V (Maternal and Child Health Services), XIX (Medicaid), XX (Block Grants to States for Social Services), and XXI (Children's Health Insurance); (2) Public Health Service Act provisions relating to the community health center program and preventive health service block grants; (3) State-administered programs under the authority of the Substance Abuse and Mental Health Services Administration; (4) federally funded child welfare and abuse programs; (5) federally funded child care programs; (6) programs for disabled children; (7) specified provisions of the Child Nutrition Act of 1966, the Individuals With Disabilities Education Act, the Community Services Block Grant Act, the Head Start Act, the Food Stamp Act of 1977, and the Low-Income Home Energy Assistance Act of 1981; (8) the even start family literacy program under specified provisions of the Elementary and Secondary Education Act of 1965; (9) federally funded programs assisting general public elementary and secondary education; and (10) other anti-tobacco or health activities. (Sec. 112) Mandates an annual grant to each State that achieves high performance in underage reduction. Requires that amounts under section 101 be made available for the grants. Subtitle C: Annual Youth Tobacco Use Reductions - Mandates an annual survey to determine the percentage of individuals under 18 who use tobacco and their usual brand. Declares that, notwithstanding any other provision of law, the survey may be conducted involving minors if the results regarding the minors are kept confidential and not disclosed. (Sec. 133) Requires annual determinations of whether the required percentage underage use reductions have been achieved. Sets forth a schedule of required percentage reductions. (Sec. 134) Mandates an industry-wide penalty if required reductions are not achieved, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Requires payment by each manufacturer based on market share for the type of tobacco product involved. Mandates a penalty on a manufacturer that does not achieve required percentage underage use reductions, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Makes the penalties under this subtitle not ordinary and necessary business expenses for purposes of the Internal Revenue Code and not deductible. Specifies the portions of penalties to be used for smoking cessation, prevention, counter-advertising, and biomedical and applied research programs under certain provisions of this Act. (Sec. 135) Imposes a penalty on a manufacturer for failure to make any payment required under this subtitle. Title II: Regulation of the Tobacco Industry - Subtitle A: Food and Drug Administration Jurisdiction and General Authority - Deems specified regulations (relating to cigarettes and smokeless tobacco) to have been lawfully promulgated under the Food, Drug and Cosmetic Act (sic) and requires that they apply to all tobacco products. (Sec. 203) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and nicotine-containing tobacco products to the definition of "device." Adds the manufacture, labeling, distribution, advertising, and sale of tobacco in violation of the FDCA or this Act to the FDCA list of prohibited acts. Authorizes the Secretary of Health and Human Services to regulate tobacco as a drug, device, or both. (Sec. 204) Prohibits the Secretary from prohibiting the sale of tobacco products to adults that comply with performance standards. (Sec. 205) Declares that, for tobacco products, safety and effectiveness need not be assured if the Secretary finds that device class II special controls achieve the best public health result, determined considering the risks and benefits to the population as a whole, including users and nonusers. Authorizes recall of tobacco products if the Secretary finds that the best public health result would be achieved. Subtitle B: Regulation of Tobacco Products - Authorizes the adoption of a tobacco performance standard. Mandates establishment of a Scientific Advisory Committee to evaluate whether a level or range of levels exists at which nicotine does not produce drug dependence. (Sec. 212) Mandates a determination of whether persons under 18 are obtaining tobacco by mail. Authorizes regulatory and administrative action to restrict or eliminate mail tobacco sales. Mandates: (1) specified cigarette and smokeless tobacco package and advertising warning labels; and (2) regulations establishing warning labels for other tobacco products. Declares that this section does not relieve any person from liability at common law or under State statutory law. Deems misbranded any tobacco product in violation of this paragraph. Requires tobacco manufacturers to annually: (1) disclose to the Secretary tobacco product ingredients for each tobacco brand; and (2) submit a safety assessment for each new ingredient a manufacturer wants to include in a tobacco product. Requires tobacco packages to disclose all ingredients. Allows the Secretary to require public disclosure of any ingredient relating to a trade secret if the Secretary determines that disclosure will promote public health. Prohibits label or advertising statements implying a reduced health risk unless the manufacturer so demonstrates prior to making the statement. Requires any manufacturer that develops or acquires reduced risk technology to notify the Secretary. Requires each tobacco manufacturer to disclose to the Secretary all nonpublic information and research relating to addiction, dependency, or the health or safety of tobacco products. Requires that the Secretary have the same access to tobacco manufacturer records and information and inspection authority as is available regarding manufacturers of other medical devices. Mandates tobacco good manufacturing practice standards. (Sec. 213) Authorizes appropriations to carry out this subtitle. (Sec. 214) Repeals: (1) the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (except for specified sections of each); and (2) the Comprehensive Smoking Education Act of 1964. Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling - Establishes a minimum Federal licensing and registration program providing for a comprehensive system to support State efforts to collect State tobacco excise taxes and to prevent tobacco contraband activities. Requires use of amounts from section 101 to carry out this paragraph. (Sec. 223) Prohibits engaging in the business as a manufacturer, importer, exporter, or wholesaler of tobacco products without a license. Mandates a license fee and requires a separate license and fee for each place of business. Prohibits engaging in the business as a tobacco retailer without having registered with and paid a fee to the Secretary. Requires a separate registration and fee for each place of business. (Sec. 224) Makes it unlawful for any: (1) person except a licensed manufacturer, exporter, importer, or wholesaler or registered retailer to engage intentionally in the business of tobacco manufacturing, exporting, importing, wholesaling, or retailing; (2) licensed importer, manufacturer, or wholesaler intentionally to ship or receive tobacco products from or to any nonlicensed or nonregistered person; (3) registered retailer to intentionally receive tobacco products from a nonlicensed manufacturer, importer, or wholesaler or to sell or offer for sale more than 50 packages in a single transaction; (4) licensed exporter intentionally to ship, sell, or deliver for sale tobacco products to any nonlicensed manufacturer, nonlicensed importer, nonlicensed wholesaler, or foreign purchaser, receive tobacco products from any nonlicensed manufacturer, importer, or wholesaler, or ship, sell, or transfer tobacco products intended for export unless the package is marked for export only; or (5) person intentionally to ship, receive, possess, sell, distribute, or purchase contraband tobacco products in or affecting interstate commerce. (Sec. 225) Provides for criminal or civil penalties for violations of section 224. Mandates seizure and forfeiture of any conveyance, tobacco products, or monetary instrument involved in, or proceeds traceable to, a violation of this subtitle. (Sec. 226) Authorizes appropriations of amounts provided under section 101 to enable the Department of the Treasury to carry out certain activities under this subtitle. Mandates, in establishing a controlled commodity tracking system for tobacco, evaluation of an innovative anti-diversion system that can be implemented at the manufacturing level to track products to the point of retail sale. (Sec. 227) Authorizes the Secretary, in the Secretary's sole discretion, to set the licensing and registration fees in amounts as necessary to recover the administrative costs of this subtitle, including preventing contraband trafficking. (Sec. 232) Amends Federal criminal code provisions relating to trafficking in contraband cigarettes to decrease the number of cigarettes necessary to qualify as, and otherwise modify the definition of, "contraband cigarettes." Modifies recordkeeping and inspection requirements. Subtitle D: Penalties - Amends the FDCA to mandate civil monetary penalties on manufacturers for violations of the FDCA or this Act. Provides for the revocation or suspension of a license or registration of a manufacturer, exporter, importer, wholesaler, or retailer who violates any provision of this Act. Title III: Public Health Initiatives - Subtitle A: State-Federal Anti-Tobacco Partnership - Chapter 1: School- and Community-Based Programs - Establishes a program to award cooperative agreements to States for school-based programs concerning tobacco use dangers and community-based prevention programs, with the allocation of funds being made partly on the basis of population and partly on need. Authorizes appropriations of amounts provided under section 101 to carry out this section. (Sec. 302) Establishes the National Event Sponsorship Program of grants for the sponsorship of athletic, musical, artistic, or other social or cultural activity or team that was sponsored by a tobacco manufacturer or distributor before enactment of this Act. Authorizes appropriations of amounts provided under section 101 to carry out this section. Terminates the Program ten years after enactment of this Act. Chapter 2: Counter-Advertising Programs - Mandates programs to reduce tobacco usage through media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Establishes the Anti-Tobacco Public Education Board to make contracts and grants for the development and dissemination of public information to reduce tobacco use. Authorizes appropriations of amounts provided under section 101 to carry out this section. Chapter 3: National Cessation Program - Establishes the National Tobacco Cessation Program of grants, contracts, and cooperative agreements to expand the availability and use of tobacco use cessation products and services. Requires that: (1) at least $30 million of the amount available each year to carry out this section be made available to the Agency for Health Care Policy and Research to support and conduct periodic analyses of interventions for smoking cessation and strategies for disseminating and implementing those services; and (2) the Centers for Disease Control and Prevention (CDCP) conduct research on tobacco use cessation. Requires that amounts made available under section 101 be used to carry out this section. (Sec. 322) Mandates development of data sets for uniformly defining levels of youth and adult tobacco use. Declares that specified provisions of the Omnibus Budget Reconciliation Act of 1981 shall not apply regarding audits of funds allotted under this chapter. Subtitle B: Health Research Program - Chapter 1: National Fund for Health Research - Establishes in the National Tobacco Trust Fund the National Fund for Health Research (Research Fund). Authorizes appropriations of amounts provided under section 101 to carry out this section. Requires that appropriations be made under this section to each member Institute or Center of the National Institutes of Health in proportion to the amount otherwise annually appropriated for each Institute or Center. Chapter 2: Tobacco Prevention Research - Establishes the National Tobacco Research Task Force to foster coordination among groups that conduct or support tobacco-related research. (Sec. 336) Requires that the CDCP carry out tobacco-related research and surveillance and epidemiologic studies. Authorizes appropriations of amounts provided under section 101 to carry out this section. Subtitle C: Miscellaneous Provisions - Authorizes the use of up to specified percentages of amounts made available under this title's programs for administration. (Sec 342) Mandates withholding of funds from any State that does not use amounts provided under this title in accordance with requirements. (Sec. 343) Considers, for discrimination provisions of specified statutes relating to age, handicap, sex, race, color, or national origin, activities funded with funds made available under this title to be activities receiving Federal financial assistance. Prohibits discrimination on the basis of sex or religion in any activity funded by this title's funds. Authorizes a civil enforcement action by the Attorney General. (Sec. 344) Mandates assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries and in promoting use cessation. Authorizes providing funding and technical assistance. Authorizes appropriations of amounts provided under section 101 to carry out this section. Establishes the American Center on Global Health and Tobacco (ACT) in the District of Columbia as a private, nonprofit corporation. Mandates that an International Advisory Council provide advisory assistance to ACT. Title IV: Liability Provisions and Consent Decrees - Requires, in order for a State to be eligible to receive funds under section 111, that the State's attorney general: (1) resolve any civil action seeking recovery for expenditures for the treatment of tobacco-related conditions that was commenced by the State against a tobacco manufacturer, distributor, or retailer and is pending on enactment of this Act; and (2) agree not to commence a civil action against such a party for conduct before enactment of this Act seeking such recovery. Mandates establishment of procedures under which a State may elect not to resolve such an action or make such an agreement. Makes such a State ineligible to receive payments under section 111. Preempts, terminates, and settles any pending civil action for claims based on addiction or dependence filed by the Castano Plaintiffs Legal Committee. Subtitle A: Liability Provisions - (Sec. 401) Establishes in the National Tobacco Trust Fund the National Victims' Compensation Fund, to be used by the Attorney General solely for tobacco-related liability judgments and settlements based on manufacturer conduct. Mandates annual deposit into the Victims' Fund of amounts made available under section 101. Requires that the Victims' Fund establish a Contingency Reserve Account, mandating deposit into the Account of any amounts in the Victims' Fund unobligated at the end of each year. Requires, if payments from the Victims' Fund exceed the amount in the Victims' Fund in any year, that the excess amount (to a maximum of $4 billion in any year) be paid by manufacturers. Declares that amounts paid by a manufacturer to settle a civil action commenced by a State before enactment of this Act shall not apply in determining manufacturer liability under this paragraph. Requires, if payments exceed the amount in the Victims' Fund and the maximum manufacturer payment, that the excess be paid out of the Account. Requires any amounts unpaid after Account exhaustion to be paid in the subsequent year. Applies this section to a manufacturer that begins manufacturing after enactment of this Act. Requires, if such a manufacturer fails to make a payment required under this section, that the manufacturer pay to the Attorney General 150 percent of the amount the manufacturer would have paid under this section. Makes the manufacturer limit inapplicable to a manufacturer that has failed to comply with this Act. Requires, if the manufacturer limit is not reached in the year of failure to comply, that the previous sentence apply to the first year after the noncompliance year in which the limit is reached. (Sec. 403) Establishes an Arbitration Panel to award attorneys' fees and expenses relating to litigation involving a claim, brought by a Federal, State, or local governmental entity, affected by, or legal services that resulted in, this Act. Allows any attorney or group of attorneys involved in litigation affected by this Act the right to petition the Panel for fees and expenses. Makes the Panel's findings final, binding, and nonappealable. (Sec. 404) Mandates that a tobacco manufacturer comply with this section in order to eligible for a license. Requires manufacturers to establish the National Tobacco Document Depository. Requires each manufacturer to submit to the Depository every document (including those subject to a claim of attorney-client privilege, attorney work product, or trade secret protection) meeting specified criteria. Provides for the handling of materials subject to claims of attorney- client privilege, attorney work product, or trade secret protection. Mandates public availability of documents not subject to such claims. Establishes the Tobacco Documents Review Board to maintain the Depository and to resolve disputed claims of attorney-client privilege, attorney work product, or trade secret protection. Mandates a Board assessment against a manufacturer for full costs, and authorizes Board imposition of civil monetary penalties, if the Board finds assertion of such a claim to not have been in good faith. Authorizes a civil monetary penalty for failure to produce indexes and documents as required. Subtitle B: Consent Decrees - Requires a State, in order to be eligible to receive section 111 payments, and a manufacturer, in order to receive section 401 protection, to enter into consent decrees under this section. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the consent decrees include: (1) an agreement not to pursue legal challenges to any aspect of this Act; (2) an agreement to pass through the costs of section 102 assessments to consumers through price increases; (3) restrictions on tobacco advertising and marketing aimed at preventing youth tobacco use and access; (4) restrictions on tobacco industry trade associations; (5) tobacco smoke constituent disclosure; (6) disclosure of nontobacco constituents in tobacco products; (7) disclosure of existing and future documents regarding health, toxicity, and addiction related to tobacco use; (8) manufacturer obligations to make payments for the benefit of States, private litigants, and the general public; (9) manufacturer obligations to interact only with exporters, importers, wholesalers, distributors, and retailers operating in compliance with Federal, State, or local tobacco marketing and sale laws; and (10) warning, labeling, and packaging requirements. Prohibits the agreements from including provisions relating to: (1) tobacco product design performance or modification; (2) manufacturing standards and good manufacturing practices; and (3) testing and regulation regarding toxicity and ingredients approval. Makes consent decree terms and conditions enforceable by the signatories and the Attorney General. Requires, prior to decree entry, that a decree have approval by the Secretary and the Attorney General, be fair and reasonable, and be in the public interest. Declares that, if any decree provisions are held unconstitutional or otherwise held not to apply to a manufacturer, section 401 liability protection ceases to apply to that manufacturer. Title V: Tobacco Farm Family and Community Assistance Trust Fund - Establishes in the National Tobacco Trust Fund the Trust Fund for Tobacco Farming Families and Communities, authorizing appropriations to it as provided in sections 101 and 102 and as repayable advances. Makes Farming Fund amounts available to assist tobacco-dependent farm families, workers, and communities, but only if a law is enacted before a specified date specifically prescribing authorized uses. Terminates this section's authority on that date unless such a law is enacted by that date. Title VI: Reducing Exposure to Environmental Tobacco Smoke - Requires that a specified amount be made available from section 101 amounts to enable States to: (1) conduct education and outreach regarding the health-related effects of environmental tobacco smoke; and (2)establish programs to reduce involuntary exposure to environmental tobacco smoke. Requires that a specified Executive Order (relating to protecting Federal employees and the public from exposure to tobacco smoke in the Federal workplace) apply to any public facility at which a covered employee (as defined in the Congressional Accountability Act of 1995) performs work. Title VII: Miscellaneous Provisions - Prohibits retaliation against an employee of a tobacco manufacturer, distributor, or retailer for disclosing to certain Federal, State, or local regulatory or enforcement authorities a substantial violation of law related to this Act or a State or local law furthering the purposes of this Act. (Sec. 702) Prohibits use of any funds by any Federal officer, employee, department, or agency to: (1) challenge tobacco-related laws or regulations meeting specified requirements in any country; (2) promote tobacco or tobacco product sale or exportation; or (3) support any events sponsored by individuals or entities involved in tobacco or tobacco product export, manufacture, promotion, distribution, or sale. Requires U.S. Diplomatic Posts to: (1) assist and promote tobacco control efforts in foreign countries; and (2) refer foreign tobacco-related laws or regulations meeting specified requirements to U.S. trade agencies if such laws or regulations may not comply with such requirements. (Sec. 703) Applies this Act's provisions to tobacco product manufacture, distribution, and sale within Indian tribe or tribal organization jurisdiction. Declares that nothing in this Act shall be construed to infringe on tribal or tribal member rights to transfer, acquire, possess, or use tobacco or tobacco products for religious, traditional, and ceremonial uses, but limits the quantities to those necessary to fulfill such purposes. Makes any tribe or tribal organization manufacturing tobacco products liable for a section 102 assessment. Authorizes assistance to a tribe or tribal organization in meeting and enforcing the requirements under related regulations. Applies FDCA requirements added by section 221 of this Act (relating to minors' tobacco access) to retailers in tribal or tribal organization jurisdiction. Requires, in order to be eligible for public health payments (below), that a tribe or tribal organization implement a tribal licensing program within tribal jurisdiction. Directs the Secretary to so implement if the tribe or tribal organization is not qualified to do so. Mandates annual grants to each tribe having an approved tribal anti-smoking plan, reducing section 111 amounts payable to a State in which the service areas of the tribe are located by the same amount. Provides for the amount determination, basing it on the reservation population as compared to the State population. Requires grants to be used to reimburse the tribe for smoking-related health expenditures and to further the purposes of this Act. Prohibits a participating manufacturer from engaging in any activity in tribal or tribal organization jurisdiction that is prohibited under this Act. Requires that amounts made available under section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Prohibits a State from imposing obligations or requirements regarding this Act's application to tribes and tribal organizations. (Sec. 704) Allows State and local governments, to the extent not inconsistent with this Act's purposes, to impose additional tobacco control measures (except labeling requirements) to further restrict or limit tobacco use by minors.