Environment

Sound Science in Risk Assessment Act

United States · United States Congress · 28 September 1994

Sound Science in Risk Assessment Act - Directs the Administrator of the Environmental Protection Agency (EPA) to develop rules and review procedures that provide that: (1) risk assessments are consistent, of high technical quality, scientifically objective, and unbiased; and (2) significant uncertainties regarding facts, scientific knowledge, the validity of analytical techniques, or numerical risk estimates are clearly disclosed in terms readily understandable to the public. Requires the Administrator to issue proposed rules that: (1) set forth uniform general procedures governing risk assessments conducted by EPA and incorporate relevant guidelines existing prior to the issuance of such rules; and (2) govern use of a distinctive type of risk assessment approach, technique, or methodology. Directs the Administrator to issue procedures for the review and revision of a risk assessment completed prior to this Act's enactment or the issuance of final risk assessment rules. Permits petitions to the Administrator to perform reviews under certain conditions. Requires the Administrator to issue final rules for risk assessment approaches, techniques, or methodologies after taking into account comments by the public.

Health Innovation Partnership Act of 1994

United States · United States Congress · 28 September 1994

TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self- funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii and Oregon. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public- awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) scholarships and loan repayment programs for school nurses; (8) grants to migrant and community health centers; (9) the National Health Service Corps; (10) satellite clinics to provide primary health care; and (11) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.

Uruguay Round Agreements Act

United States · United States Congress · 27 September 1994

TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.

Uruguay Round Agreements Act

United States · United States Congress · 27 September 1994

TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.

Farm, Ranch, and Homestead Protection Act of 1994

United States · United States Congress · 22 September 1994

Farm, Ranch, and Homestead Protection Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit, until its reauthorization, the Secretary of the Interior from: (1) determining a species as an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Requires the Secretary to compensate, upon request, persons and entities for the loss in market value of land that has been designated a critical habitat. Limits the current requirement that Federal agencies insure that any action (regardless of its expense) they authorize, fund, or carry out is not likely to jeopardize the continued existence of an endangered or threatened species, or result in the destruction or adverse modification of habitat of such species determined to be critical, without an express exemption. Restricts such requirement to agency actions that result in expenditures of $500,000 or more.

Health Innovation Partnership Act of 1994

United States · United States Congress · 22 September 1994

TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self-funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii, Oregon, Minnesota, Washington, and Connecticut. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public-awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) grants to migrant and community health centers; (8) the National Health Service Corps; (9) satellite clinics to provide primary health care; and (10) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.

Farm, Ranch, and Homestead Protection Act of 1994

United States · United States Congress · 22 September 1994

Farm, Ranch, and Homestead Protection Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit, until its reauthorization, the Secretary of the Interior from: (1) determining a species as an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Requires the Secretary to compensate, upon request, persons and entities for the loss in market value of land that has been designated a critical habitat. Limits the current requirement that Federal agencies insure that any action (regardless of its expense) they authorize, fund, or carry out is not likely to jeopardize the continued existence of an endangered or threatened species, or result in the destruction or adverse modification of habitat of such species determined to be critical, without an express exemption. Restricts such requirement to agency actions that result in expenditures of $500,000 or more.

Water Bank Extension Act of 1994

United States · United States Congress · 19 September 1994

Amends the Food Security Act of 1985 to extend eligibility for the wetlands reserve program to lands covered by expiring agreements under the Water Bank Act.

American Heritage Areas Act of 1994

United States · United States Congress · 13 September 1994

TABLE OF CONTENTS: Title I: American Heritage Areas Partnership Program Title II: Designation of American Heritage Areas Title III: Studies Regarding Potential American Heritage Areas Title IV: Blackstone River Valley National Heritage Corridor Amendments Title V: Bramwell National Historic District Title VI: Southwestern Pennsylvania American Heritage Area Amendments American Heritage Areas Act of 1994 - Title I: American Heritage Areas Partnership Program - American Heritage Areas Partnership Program Act of 1994 - Establishes the American Heritage Areas Partnership Program within the Department of the Interior, consisting of such Areas designated by this Act. Authorizes the Secretary of the Interior to: (1) evaluate nominated Areas; (2) advise State and local governments, nonprofit organizations, and other appropriate entities as to suitable methods of recognizing and preserving thematically and geographically linked natural, historic, and cultural resources and recreational opportunities; and (3) consider any designated Heritage Area for nomination to the World Heritage List if the Area meets the nomination qualifications. Provides that an area may be designated as an American Heritage Area only by an Act of the Congress or by the means provided in title II. Conditions such designation on the Secretary of the Interior's approval of an Area feasibility study and compact. (Sec. 106) Sets forth provisions regarding compacts (relating to the objectives and management of Areas proposed for designation) and management plans (which shall present comprehensive recommendations for the conservation, funding, management, and development of such Areas). Authorizes the Secretary to provide technical and financial assistance for early actions that are important to the theme of an Area and that protect resources that would be in imminent danger of irreversible damage otherwise. (Sec. 107) Authorizes the management entities named in the compacts for American Heritage Areas to receive Federal funds in support of cooperative partnerships to prepare and implement the management plans and otherwise perform the functions contemplated in this title. Sets forth provisions regarding: (1) withdrawal of the designation of an Area; (2) matching grants; (3) technical and other assistance; (4) spending Federal funds on non-federally owned property; (5) reporting requirements; (6) duties of Federal entities conducting Area activities; and (7) the lack of effect of this Act on other land use regulation. (Sec. 111) Authorizes appropriations. Specifies funding limitations. Title II: Designation of American Heritage Areas - Designates the following areas, subject to specified requirements, as part of the American Heritage Areas Partnership Program: (1) American Coal Heritage Area, West Virginia and Virginia; (2) Augusta Canal American Heritage Area, Georgia; (3) Cane River American Heritage Area, Louisiana; (4) Essex American Heritage Area, Massachusetts; (5) Hudson River Valley American Heritage Area, New York; (6) Ohio & Erie Canal American Heritage Area, Ohio; (7) Shenandoah Valley Battlefields American Heritage Area, Virginia; (8) Steel Industry American Heritage Area, Pennsylvania; (9) Vancouver American Heritage Area, Washington; and (10) Wheeling American Heritage Area, West Virginia. Title III: Studies Regarding Potential American Heritage Areas - Directs the Secretary to complete a study on the suitability and feasibility of designating the following as American Heritage Areas: (1) Ohio River corridor, from its headwaters in Pennsylvania to its confluence with the Mississippi River; (2) Fox and Lower Wisconsin River corridors, Wisconsin; (3) a corridor formed by Oconee and other specified counties, South Carolina; and (4) Tryon County, in the Mohawk Valley of New York State, and the Country of the Six Nations (Iroquois Confederacy). Title IV: Blackstone River Valley National Heritage Corridor Amendments - Amends the Act establishing the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island to make changes with respect to boundaries, membership and termination of the Blackstone River Valley National Heritage Corridor Commission, and plan revision and implementation. Directs the Commission to revise the Cultural Heritage and Land Management Plan and submit the revised plan to the Secretary and the Governors of Massachusetts and Rhode Island for approval. Specifies that the revision shall address any change in the boundaries of the Corridor that occurs after submission of the plan and shall include a natural resource inventory of areas or features that should be protected, restored, or managed because of the natural and cultural significance of the areas or features. (Sec. 402) Authorizes the Secretary to provide funds for projects in the Corridor that exhibit national significance or provide a wide spectrum of historic, recreational, environmental, educational, or interpretive opportunities, without regard to whether the projects are in public or private ownership. Sets forth provisions regarding: (1) application procedures; and (2) funding and funding limitations. Authorizes appropriations. Title V: Bramwell National Historic District - Designates the Bramwell National Historic District, West Virginia. Authorizes the Secretary to enter into cooperative agreements with the State of West Virginia, or any political subdivision thereof, to further the purposes of the Historic District. Sets forth provisions regarding the ration of non-Federal funds and agreements regarding payments. Authorizes appropriations. Title VI: Southwestern Pennsylvania American Heritage Area Amendments - Southwestern Pennsylvania American Heritage Amendments Act - Amends the Act establishing in the Department of the Interior the Southwestern Pennsylvania Heritage Preservation Commission (the Act) to designate the Southwestern Pennsylvania American Heritage Area. Specifies that such Area shall not be considered an American Heritage Area for purposes of the American Heritage Areas Partnership Program Act of 1994 or the American Heritage Areas Partnership Program. (Sec. 604) Directs the Commission to revise: (1) the management plan developed before the date of enactment of this title to provide for limited Federal involvement; and (2) the scope and cost document developed before such date to reflect the total cost of each project proposed for approval and the Federal portion of such cost. Specifies that both the management plan and the scope and cost document shall be submitted to the Secretary for approval. Bars the Commission from making loans or grants involving Federal funds except as provided in this title. Limits specified funds available for the preservation or restoration of historic properties in an amount not to exceed $100,000 for each project so assisted. Specifies that Federal funds available under the Act with respect to projects may be made available only for projects that are consistent with the Standards and Guidelines for Historic Properties promulgated by the Secretary. Sets forth additional funding limitations. (Sec. 606) Authorizes appropriations. (Sec. 607) Authorizes the Secretary to provide signs, interpretive materials, and other informational devices for a vehicular tour route known as the Path of Progress Heritage Route.

Children's Homes for A Nurturing and Caring Environment Act of 1994

United States · United States Congress · 13 September 1994

TABLE OF CONTENTS: Title I: Conditions for Receiving Certain Welfare Benefits Title II: Rehabilitation Grants for Housing and Services Facilities Children's Homes for A Nuturing and Caring Environment Act of 1994 - Title I: Conditions for Receiving Certain Welfare Benefits - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA), SSA title XVI (Supplemental Security Income) (SSI), and the Housing and Community Development Act of 1992 to add requirements for unmarried minors who are parents or pregnant to live under adult supervision as a condition of receiving AFDC, SSI, and Federal rental housing assistance. Provides for similar requirements for receiving assistance under the WIC (Women, Infants, and Children) program. Requires AFDC to be provided to the parent, legal guardian, or other adult relative on behalf of the unmarried minor and any of the minor's dependent children. Directs the Secretary of Health and Human Services to make matching grants to any Home for Single Dependent Minor Parents in which a qualified minor is living. Requires certain welfare benefits for minors living in Homes for Single Dependent Minor Parents to be provided in the form of payments to such entities. Denies AFDC and Federal rental housing assistance to drug addicts and alcoholics who do not undergo appropriate treatment for their substance abuse. Requires pregnant women under age 19 who are on Medicaid and addicted to drugs or alcohol to demonstrate compliance with the requirements of any treatment the woman is receiving for such condition, and with State imposed requirements for monitoring and testing to ensure the individual's compliance with treatment requirements. Amends the Food Stamp Act of 1977 with regard to Homes for Single Dependent Minor Parents. Title II: Rehabilitation Grants for Housing and Services Facilities - Directs the Secretary of Housing and Urban Development to carry out a program to provide assistance to eligible nonprofit entities for rehabilitation of existing structures for use as facilities to provide housing and services to pregnant women and to single dependent minor parents and their children. Authorizes the Secretary to make grants to eligible nonprofit entities to rehabilitate existing structures for use as housing and services facilities for pregnant women and for single dependent minor parents and their children.

National Parks Airspace Management Act of 1994

United States · United States Congress · 25 August 1994

National Parks Airspace Management Act of 1994 - Prohibits a commercial air tour operator from flying over a National Park System (NPS) unit at less than 3,000 feet above ground level unless there is an agreement among the operator, the Administrator of the Federal Aviation Administration (FAA), and the Director of the National Park Service (Service) specifying otherwise. Requires the Administrator and the Director to jointly take appropriate actions to: (1) determine and implement the most practical and effective means of minimizing the effects of commercial air tour flights over NPS units; and (2) conduct periodic training of FAA employees and the Service on matters relating to such implementation. (Sec. 4) Requires the Administrator to initiate formal rulemaking procedures to prescribe: (1) a new subpart of the Code of Federal Regulations relating to air taxi operators and commercial operators which would specifically cover all commercial air tour operators that conduct commercial air tour flights over NPS units; and (2) a single operational rule which would govern the conduct of fixed-wing and rotorcraft flights by such operators over NPS units. Allows the Director to prescribe separate operational rules for flights by fixed-wing aircraft and by rotorcraft if they are warranted. (Sec. 6) Requires the Director to: (1) prescribe criteria to identify NPS units where air tour flights by commercial air tour aircraft are incompatible with or injurious to the purposes and values for which such units were established; and (2) identify and designate the units which meet such criteria. Prohibits commercial air tour flights over such designated NPS units. Makes exceptions for operators that conducted flights as of December 31, 1993, or that commenced conducting flights between January 1, 1994, and the date of enactment of this Act. (Sec. 7) Requires the Director and the Administrator to establish, review, and revise plans for the management of the airspace above other NPS units that are: (1) affected by commercial air tour flights to such an extent that the Director considers the units to require an airspace management plan; or (2) units over which no commercial air tour flights occurred before the enactment of this Act but over which an operator proposes to conduct such flights. Permits flights over NPS units that require management plans and over units not requiring such plans only pursuant to agreements with the Director and the Administrator. Provides for continued flights by existing operators pending development of such a plan or negotiation of such an agreement. (Sec. 8) Exempts an aircraft experiencing an in-flight emergency from the provisions of this Act. Prohibits: (1) military aircraft from conducting flights below 3,000 feet over a NPS unit unless otherwise provided in a Memorandum of Understanding between the Director and the Secretary of Defense; and (2) an aircraft or rotorcraft engaged in commercial aerial photography from conducting flights below 3,000 feet above such NPS units without receiving advance written permission from the appropriate FAA Flight Standards District Office and the NPS unit superintendent concerned. Authorizes NPS unit superintendents to collect fees for such photography. (Sec. 9) Requires each commercial air tour aircraft operator to display on each of his or her aircraft specified identification marks. Requires: (1) the Administrator to study the feasibility and advisability of requiring that aircraft and rotorcraft operating in NPS units airspace have on board in automatic flight tracking system capable of monitoring altitude and ground position; (2) the operators of such aircraft and rotorcraft to have such monitoring system installed if the Administrator determines its use to be feasible; and (3) the Director to ensure NPS personnel monitor the altitude and position of craft with such system and report violations. Requires: (1) the Administrator to ensure that boundaries of each NPS unit and the provisions of the airspace management plan, operational rule, or Special Federal Regulation, if any, with respect to such unit are accurately reflected on aeronautical charts; and (2) the Director to develop educational materials for public distribution on air tour flights over NPS units by commercial air tour operators. (Sec. 10) Establishes the National Park Overflight Advisory Council to: (1) determine the effects on the environment of NPS units of commercial tour flights over such units and the economic effects of restrictions or prohibitions on such flights; (2) develop recommendations for means of reducing the adverse effects of such flights; (3) explore financial and other incentives which could encourage manufacturers to advance the state-of-the-art in quiet aircraft and rotorcraft technology and encourage commercial air tour operators to implement such technology; and (4) provide comments and recommendations to the Director and the Administrator with respect to flight-free parks, flights over other NPS units and other matters relating to such flights. Authorizes appropriations.

Floodplain Management, Environmental Restoration and Recreation Act of 1994

United States · United States Congress · 24 August 1994

TABLE OF CONTENTS: Title I: Floodplain Management Title II: Environmental Protection and Recreation Floodplain Management, Environmental Restoration, and Recreation Act of 1994 - Title I: Floodplain Management - Amends the Water Resources Planning Act to include the Secretary of Energy and the Director of the Federal Emergency Management Agency as members of the Water Resources Council. Requires the Chairman of the Council to be designated by the Chairman of the Council on Environmental Quality. Adds as Council duties to: (1) serve as the primary center for assistance concerning the coordination and resolution of interstate and interagency water resources management issues; (2) seek to align Federal floodplain management with other broad national goals; (3) serve as an innovative planning and technology clearinghouse for floodplain management; (4) report to the Congress evaluating efforts by the Secretary of the Army (Secretary) to change the policies and practices of the Army Corps of Engineers concerning the use of structural solutions to water resources management problems; and (5) oversee the activities of the Upper Mississippi, Lower Mississippi, and Missouri River Flood Management Coordinating Committees. Authorizes appropriations. (Sec. 102) Amends the Water Resources Development Act of 1986 (the Act) to direct the Secretary of the Interior to submit to the Congress a report that assesses the environmental sustainability of the Upper Mississippi River system. Directs the Secretary to establish the Upper Mississippi River Flood Management Coordinating Council to review and recommend approval or disapproval of a river basin management plan. (Sec. 103) Directs the Secretary, with respect to the Lower Mississippi River system, to carry out a: (1) program for the planning, construction, and evaluation of measures for fish and wildlife habitat restoration and enhancement; and (2) long-term resource monitoring program. Directs the Secretary to establish the Lower Mississippi River Flood Management Coordinating Committee to review and recommend for approval or disapproval projects developed under the programs and the river basin development plan. Authorizes appropriations for the flood management and resource monitoring programs. (Sec. 104) Directs the Secretary, with respect to the Missouri River system, to carry out a program for: (1) planning, construction, and evaluation of fish and wildlife habitat restoration and enhancement measures; (2) long-term resource monitoring; and (3) planning and construction of recreation projects. Directs the Secretary to establish the Missouri River Flood Management Coordinating Committee to review and recommend for approval or disapproval the projects developed under the above programs and the river basin management plan. Authorizes appropriations for each of the programs. (Sec. 105) Directs the Secretary, in carrying out a study required under the Energy and Water Development Appropriations Act, 1994, to: (1) survey the levees of the Upper Mississippi River Basin to make certain determinations with respect to their physical condition, economic benefit, environmental impact, and cost to bring such levees into compliance with certain Corps standards; (2) study the hydrology of such river basin to determine the systemic effects of structural flood control measures in existence; (3) study proper design of local drainage systems; and (4) study the entire Mississippi and Missouri River basins to determine the most frequently flooded areas with the greatest loss of human life and property. Authorizes appropriations. (Sec. 106) Directs the Secretary to: (1) develop a comprehensive river basin management plan that addresses the long-term ecological, economic, and flood control needs of the basin of the Upper Mississippi River system; and (2) prepare such river basin management plans for the Lower Mississippi and Missouri River systems. Provides for public participation. Authorizes appropriations. (Sec. 107) Amends the Act to provide that, in considering the flood control benefits determined for a water resources project, such determinations shall not include the benefits derived from any use of the 100-year floodplain that involves, after commencement of the reconnaissance study for such project: (1) the construction of a new structure; (2) a substantial improvement to a structure; or (3) any other change that significantly increases the commercial or resale value of the property in the floodplain subject to damage from flooding. (Sec. 108) Authorizes the Secretary to use emergency funds provided under current law to replace with a nonstructural measure any flood control measure damaged or destroyed by flood and to develop a mitigation plan which provides nonstructural measures to reduce damage in the event of future flooding. Provides minimum funding levels for such nonstructural measures, with a waiver in certain circumstances. (Sec. 109) Authorizes the Secretary to coordinate and carry out repair and rehabilitation of a levee damaged by a flood or other natural disaster, if the State or local interest with respect to the levee: (1) participates in the national flood insurance program; and (2) carries out routine operation and maintenance and levee upkeep as well as certain other actions with respect to levee environmental enhancements and engineering standards. Makes certain levees ineligible. Requires the preparation by the Corps of a manual describing required upkeep, operation, and maintenance for levees participating in the assistance program. Authorizes appropriations. Provides local cost-share credits for in-kind contributions. (Sec. 110) Directs the Secretary, in order to improve the riparian habitat of and reduce flood losses along the Missouri River, to pay the Federal share of purchasing land along the River Between Sioux City, Iowa, and St. Louis, Missouri from willing sellers. Limits to 80 percent the Federal share of such purchases. Authorizes appropriations. (Sec. 111) Directs the Secretary in each fiscal year to purchase land or easements and relocate willing sellers in floodprone areas or areas protected by flood control structures that repeatedly fail. Authorizes appropriations. (Sec. 112) Directs the Secretary to collaborate with Federal, State, and local agencies during the planning, design, and construction of all flood control projects in order to adopt a watershed-wide approach to the reduction of flood losses. Title II: Environmental Protection and Recreation - Amends the Act to limit to 80 percent the non-Federal share of a water resources project which may be in-kind. Directs the Secretary to annually review at least five flood control projects and five navigation or other projects to determine the need for environmental restoration. Requires a report to the Congress. (Sec. 203) Authorizes the Secretary to pay the Federal share of the cost of carrying out projects the primary purpose of which is to restore all or a portion of an aquatic ecosystem. Provides, with respect to such projects, for: (1) a Federal cost share of 75 percent (or 100 percent for a project deemed to be of critical national interest); (2) carrying out reconnaissance studies for projects of critical national interest, with an authorization of appropriations for such purpose; (3) a requirement of a favorable recommendation for such project from the Corps Chief and the Secretary of the Interior; (4) the receipt of funds from other agencies for such purpose; (5) appropriate environmental impact studies and mitigation measures; and (6) technical guidance by the Corps Chief. (Sec. 204) Directs the Secretary to make certain revisions to the Economic and Environmental Principles and Guidelines for Water and Related Resources Implementation Studies which establish economic and environmental benefits as equal objectives of water resources planning. Directs the Secretary to establish a Principles and Guidelines Advisory Council. (Sec. 205) Directs the Secretary in each fiscal year to provide for the construction of small recreation and environmental restoration projects. Provides for: (1) a $5 million limit for each project; and (2) an annual allotment of $40 million to carry out such projects. (Sec. 206) Increases from 50 to 75 percent the non-Federal share of recreation projects under the Act. (Sec. 207) Amends the Water Resources Development Act of 1992 to provide local non-Federal interests with cost-share credits for in-kind contributions for environmental and recreation projects. Provides for the determination of the value of such contributions. Requires a minimum cash contribution of at least five percent of the total non-Federal share. (Sec. 208) Provides that if a recreational facility at a water resources project carried out or assisted by the Secretary becomes unusable or unsafe for more than 90 consecutive days due to a release of water or reservoir drawdown for any purpose, the Secretary may, at full Federal cost, restore the facility or build a new comparable facility at the lower reservoir level.

Uniform Hazardous Waste Treatment Act of 1994

United States · United States Congress · 18 August 1994

Uniform Hazardous Waste Treatment Act of 1994 - Amends the Solid Waste Disposal Act to prohibit facilities that burn fuel for energy recovery from burning fuel containing any quantity of hazardous waste identified or listed pursuant to such Act unless such fuel is conforming hazardous waste fuel. Directs the Administrator of the Environmental Protection Agency to promulgate quantitative specifications for conforming hazardous waste fuel to ensure that fuel containing such waste is burned to recover useful energy and that such fuel has physical, chemical, thermal, and energy-related properties equivalent to standard fuels such as coal and oil. Lists minimum specifications. Permits cement kiln dust to be disposed of only at facilities and in units that meet specified performance standards for hazardous wastes and minimum technological requirements promulgated by the Administrator. Limits the Administrator's authority to modify certain hazardous waste requirements with respect to cement kiln dust produced in a kiln that burns conforming hazardous waste fuels. Makes such dust subject to any land disposal treatment standards applicable to the particular hazardous waste contained in the fuel. Directs the Administrator to promulgate: (1) standards for the design and operation of cement kilns that burn conforming hazardous waste fuel as necessary to protect human health and the environment; (2) standards for the control of emissions of cement kiln dust from cement kilns; (3) regulations to control emissions of metals from all units that burn hazardous waste necessary to protect human health and the environment; and (4) standards for the control of stack emissions from cement kilns. Sets forth permit requirements with respect to cement kiln dust from kilns that burn conforming hazardous waste fuel. Establishes monitoring and recordkeeping requirements for owners and operators of combustion units that burn conforming hazardous waste fuel. Requires the Administrator to promulgate: (1) training requirements for personnel who operate cement kilns that burn conforming hazardous waste or landfills used for disposal of dust from such kilns; and (2) standards for owners and operators of facilities which produce a fuel from any hazardous waste listed under the Solid Waste Disposal Act as necessary to protect human health and the environment.

Illinois Land Conservation Act of 1994

United States · United States Congress · 16 August 1994

Illinois Land Conservation Act of 1994 - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission and approved on April 8, 1994. Transfers to the Secretary of Agriculture, without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNTP) established by this Act. Declares that this Act does not change the responsibilities or liabilities of persons under applicable environmental laws except that the Secretary shall not be liable or responsible for contamination resulting from or related to the condition of the property existing before such transfer, such as migration of hazardous substances, pollutants, contaminants, or petroleum products or their derivatives disposed during the Department of the Army activities. Makes the Secretary of the Army responsible for the upkeep and maintenance of all fences, guardhouses, and other security facilities and personnel costs on all portions of the Arsenal that have not been transferred to the Secretary. Authorizes the Secretaries and the Administrator to individually and collectively enter into cooperative agreements and memoranda of understanding among each other and with other affected Federal, State, and local governments, private organizations, and corporations to implement this Act and to carry out the purposes for which the MNTP is established. Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of enactment of this Act. Requires the Secretary of the Army to retain jurisdiction, authority, control over real property at the Arsenal to be used for environmental cleanup purposes. (Sec. 3) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and to continue to carry out: (1) all response actions required under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and other applicable provisions of law at or related to the property; and (2) all actions required under any other applicable law to remediate petroleum products or their derivatives. Prohibits such liabilities and responsibilities from being transferred to the Secretary. Makes the Secretary responsible and liable only to the extent of any other contamination affirmatively introduced into the environment at the Arsenal by the Secretary or the Department of Agriculture. Requires any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions or related actions under other statutes to remediate petroleum products of ther derivatives. (Sec. 4) Requires the MNTP to be managed for National Forest purposes. Prohibits new construction of any highway, public road, or any part of the interstate system through or across any portion of the MNTP. Permits: (1) construction and maintenance of roads for use within the MNTP; and (2) granting of authorizations for utility rights-of-way under applicable Federal law or such access as is necessary (including access by the Secretary of the Arny for purposes of restoration and cleanup as provided in this Act). Sets forth provisions relating to MNTP agricultural leases, special land use authorizations, and admission, occupancy, and use fees with the exception of persons possessing a valid Golden Eagle Passport or Golden Age Passport. Establishes the MNTP Restoration Fund for restoration and administration of the MNTP. (Sec. 5) Designates specified areas of real property at the Arsenal for industrial development, a national veterans cemetery, and a country landfill. Requires: (1) the Secretary of the Army, within six months of satisfying all cleanup and other CERCLA requirements, to offer the Secretary the transer of specified areas, without reimbursement, to be added to the MNTP, subject to the terms, conditions, and limitations on liability contained in this Act; and (2) if the Secretary declines such offer, the property to be disposed of as surplus property. Declares that: (1) nothing in this Act shall be construed to restrict or lessen the degree of cleanup required to be carried out under applicable law at the property designated for disposal; and (2) such disposal shall be in compliance with specified provisions of CERCLA and other applicable laws.

Coeur d'Alene Basin Restoration Act of 1994

United States · United States Congress · 12 August 1994

Coeur d'Alene Basin Restoration Act of 1994 - Amends the Federal Water Pollution Control Act to establish a Coeur d'Alene Basin Management Conference to develop a pollution prevention, control, and restoration plan for the Coeur d'Alene Basin in Idaho. Requires the Administrator of the Environmental Protection Agency (EPA) to convene the management conference. Authorizes the Administrator to make grants to State, interstate, and regional water pollution control agencies and public or nonprofit agencies to assist development of the plan. Authorizes appropriations. Directs the Secretary of the Interior, acting through the water resources divisions of the Idaho and Washington districts of the U.S. Geological Survey, to: (1) develop an integrated geographic information system of the Coeur d'Alene Basin; (2) convert all partial recording sites in the Basin to continuous monitoring stations with full gauging capabilities and status; and (3) establish additional continuous monitoring sites in the Basin as necessary to carry out basic data collection and monitoring. Requires the Secretary, acting through the Fish and Wildlife Service, to: (1) establish a fisheries restoration, development, and conservation program; and (2) conduct a wildlife species and habitat assessment survey in the Basin. Authorizes appropriations. Directs the Secretary, acting through the Bureau of Land Management, to carry out specified environmental restoration activities in the Basin. Authorizes appropriations. Exempts the EPA and the Department of the Interior from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for actions taken under this Act.

Coeur d'Alene Basin and Spokane River Restoration Act of 1994

United States · United States Congress · 12 August 1994

Coeur d'Alene Basin and Spokane River Restoration Act of 1994 - Establishes the Coeur d'Alene Basin Restoration Corporation and the Coeur d'Alene Basin Advisory Committee. Directs the Board of the Corporation to adopt a Basin Restoration Plan for the Coeur d'Alene Basin, Idaho, and the Spokane River, Idaho and Washington State. Requires the Plan to: (1) identify all sources of mining waste and other discharges into the Basin and River; (2) inventory existing projects and activities to restore, remediate, or prevent damages from mining waste and other pollution; and (3) identify additional projects needed to carry out such activities. Preempts any conflicting Federal, State, or local laws. Exempts the Corporation from liability for the costs of removing or remediating releases of hazardous materials, including liability under provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) Prohibits a project from proceeding until the Board determines that the project meets all requirements under Federal, or more stringent State and tribal, environmental laws. Funds the Corporation's activities through congressional appropriations and private contributions from companies that have been involved with mining activities in the Basin. Establishes the Coeur d'Alene Basin Restoration Fund. Authorizes appropriations. Expresses the intent of the Congress that the mining companies of the Basin that contributed to the release of hazardous materials should: (1) contribute a fair portion of the cost of restoring natural resources; and (2) upon payment of a fair contribution, be assured that no further liability for response costs or natural resource damages may be imposed upon them. Deems such companies to have satisfied liability that may otherwise be imposed by CERCLA if they contribute at least 25 percent of the amount appropriated by the Congress to carry out this Act. Grants such companies an offset against liabilities if they contribute less than the required amount. Authorizes the Corporation, the State of Idaho, the Coeur d'Alene Tribe, and the United States to pursue all actions under CERCLA unless the companies satisfy their liabilities regardless of whether the Basin Restoration Plan is implemented. Tolls all statutes of limitation for cost recovery and natural resource damage actions against the mining companies until January 1, 2018.

Jobs Through Trade Expansion Act of 1994

United States · United States Congress · 12 August 1994

TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs Within the International Trade Administration Title IV: Promotion of United States Environmental Exports Title V: International Protection of Intellectual Property Jobs Through Trade Expansion Act of 1994 - Title I: Overseas Private Investment Corporation - Overseas Private Investment Corporation Amendments Act of 1994 - Amends the Foreign Assistance Act of 1961 to revise provisions concerning the Overseas Private Investment Corporation (OPIC). (Sec. 102) Authorizes OPIC to operate its program in a country or an area within a country only if: (1) the United States maintains diplomatic relations with the country; (2) the country or area is a developing country or area, or a country in transition from a nonmarket to market economy; and (3) programs in that country are not prohibited due to human rights violations. Permits OPIC to continue to operate programs in a country which ceases to meet such criteria if the President determines that the operation of such programs would be in the national interest. Raises the ceiling on the per capita income levels of countries established for purposes of granting preferential consideration for, or restricting, OPIC investment projects. Authorizes OPIC to acquire equity securities for purposes of providing capital for projects, subject to limitations on aggregate amounts of equity investment. Requires OPIC to endeavor to dispose of any acquired equity interest within ten years of the date of acquisition. Raises the ceiling on the maximum contingent liability allowed for OPIC insurance and outstanding financing. Authorizes OPIC to transfer amounts from noncredit activities to pay subsidy costs of program levels for the direct loan and guarantee programs. Continues OPIC's authority to issue investment insurance and guarantees through FY 1997. Eliminates OPIC's exemption from Federal taxation. Title II: Trade and Development Agency - Revises provisions regarding the Trade and Development Agency. (Sec. 201) Permits the Agency to provide funding for environmental assessments. Authorizes appropriations for the Agency for FY 1995 and 1996. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for Department of Commerce export promotion programs for FY 1995 and 1996. Title IV: Promotion of United States Environmental Exports - Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to remove provisions relating to Environmental Export Assistance Officers. (Sec. 402) Directs the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to provide guidance on programs to expand U.S. exports of environmental technologies, goods, and services. Requires the Environmental Trade Promotion Working Group, a subcommittee of the Trade Promotion Coordination Committee (TPCC), to: (1) select five priority countries with the greatest potential for the application of U.S. Government export promotion resources related to environmental exports; and (2) create a plan annually for each such country that sets forth ways to increase such exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the U.S. and Foreign Commercial Service in each of the priority countries. Requires the TPCC to establish international regional initiatives to coordinate the activities of Federal agencies in order to build environmental partnerships between the United States and the geographic regions outside the United States for which such initiatives are established. Provides that such partnerships shall enhance environmental protection and promote sustainable development by using the technical expertise and financial resources of Federal agencies that provide foreign assistance and by expanding U.S. exports of environmental technologies, goods, and services to such regions. Directs the Working Group to maintain a calendar of significant opportunities for U.S. environmental businesses in foreign markets and trade promotion events to be made available to the public. Authorizes the Secretary to provide matching funds for the establishment in the United States of regional environmental business and technology cooperation centers to provide export promotion assistance related to environmental technologies, goods, and services. Title V: International Protection of Intellectual Property - Requires the President, acting through the Administrator of the Agency for International Development, to establish a program of training and technical assistance to assist foreign countries in: (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations.

Illinois Land Conservation Act of 1994

United States · United States Congress · 12 August 1994

Illinois Land Conservation Act of 1994 - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission and approved on April 8, 1994. Transfers to the Secretary of Agriculture, without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNTP) established by this Act. Declares that this Act does not change the responsibilities or liabilities of persons under applicable environmental laws except that the Secretary shall not be liable or responsible for contamination resulting from or related to the condition of the property existing before such transfer, such as migration of hazardous substances, pollutants, contaminants, or petroleum products or their derivatives disposed during the Department of the Army activities. Makes the Secretary of the Army responsible for the upkeep and maintenance of all fences, guardhouses, and other security facilities and personnel costs on all portions of the Arsenal that have not been transferred to the Secretary. Authorizes the Secretaries and the Administrator to individually and collectively enter into cooperative agreements and memoranda of understanding among each other and with other affected Federal, State, and local governments, private organizations, and corporations to implement this Act and to carry out the purposes for which the MNTP is established. Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of enactment of this Act. Requires the Secretary of the Army to retain jurisdiction, authority, control over real property at the Arsenal to be used for environmental cleanup purposes. (Sec. 3) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and to continue to carry out: (1) all response actions required under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and other applicable provisions of law at or related to the property; and (2) all actions required under any other applicable law to remediate petroleum products or their derivatives. Prohibits such liabilities and responsibilities from being transferred to the Secretary. Makes the Secretary responsible and liable only to the extent of any other contamination affirmatively introduced into the environment at the Arsenal by the Secretary or the Department of Agriculture. Requires any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions or related actions under other statutes to remediate petroleum products of ther derivatives. (Sec. 4) Requires the MNTP to be managed for National Forest purposes. Prohibits new construction of any highway, public road, or any part of the interstate system through or across any portion of the MNTP. Permits: (1) construction and maintenance of roads for use within the MNTP; and (2) granting of authorizations for utility rights-of-way under applicable Federal law or such access as is necessary (including access by the Secretary of the Arny for purposes of restoration and cleanup as provided in this Act). Sets forth provisions relating to MNTP agricultural leases, special land use authorizations, and admission, occupancy, and use fees with the exception of persons possessing a valid Golden Eagle Passport or Golden Age Passport. Establishes the MNTP Restoration Fund for restoration and administration of the MNTP. (Sec. 5) Designates specified areas of real property at the Arsenal for industrial development, a national veterans cemetery, and a country landfill. Requires: (1) the Secretary of the Army, within six months of satisfying all cleanup and other CERCLA requirements, to offer the Secretary the transer of specified areas, without reimbursement, to be added to the MNTP, subject to the terms, conditions, and limitations on liability contained in this Act; and (2) if the Secretary declines such offer, the property to be disposed of as surplus property. Declares that: (1) nothing in this Act shall be construed to restrict or lessen the degree of cleanup required to be carried out under applicable law at the property designated for disposal; and (2) such disposal shall be in compliance with specified provisions of CERCLA and other applicable laws.

Maritime Regulatory Reform Act of 1994

United States · United States Congress · 12 August 1994

Maritime Regulatory Reform Act of 1994 - Amends Federal maritime law to authorize the Secretary of the department in which the Coast Guard operates, in order to implement the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization and to establish alternative compliance programs, to: (1) prescribe regulations governing the U.S. merchant marine, merchant marine personnel, and shore-based management of vessels that affect the safety of vessels and personnel and marine pollution prevention; and (2) establish optional regulatory requirements commensurate with the level of quality control adopted by the shipowner or operator, provided that an equivalent level of safety is maintained. (Sec. 3) Authorizes the Secretary to utilize reports, documents, and certificates issued by persons who may be relied upon with regard to marine safety, security, and environmental protection. (Sec. 4) Authorizes the Secretary to accept approvals of fire and life safety equipment and materials by foreign governments which utilize design and testing standards that meet the requirements of the International Convention for the Safety of Life at Sea, and its associated International Maritime Organization guidance documents. (Sec. 5) Requires each in service small passenger vessel carrying more than 12 passengers on an international voyage to be inspected annually. Requires any other vessel to be inspected at least once every five years (currently, every two years). Extends from two to five years the effective validation period of certificates of inspection issued to U.S. vessels that carry oil or hazardous material in bulk. (Sec. 6) Requires the owner or individual in charge of a vessel to submit certain inspection related notices to the Secretary at least 30 days (currently, at least 30 days but not more than 60 days) before the current certificate of inspection issued to a vessel expires. (Sec. 7) Revises provisions regarding the recognition of U.S. classification societies.

To amend the Clean Air Act to provide that certain requirements in effect prior to the 1990 amendments to the Clean Air Act shall cease to apply, and for other purposes.

United States · United States Congress · 12 August 1994

Amends the Clean Air Act to provide that the Administrator of the Environmental Protection Agency shall not be required to promulgate an applicable implementation plan pursuant to a finding that a State plan does not satisfy criteria or requirements in effect prior to the enactment of the Clean Air Act Amendments of 1990 or upon the Administrator's disapproval of any State plan for failure to satisfy such criteria or requirements.

To amend the Clean Air Act to provide that no Federal Implementation Plan need be promulgated by the Environmental Protection Agency upon the failure of a State implementation plan to attain certain attainment deadlines which have been superseded by the 1990 amendments to the Clean Air Act, and for other purposes.

United States · United States Congress · 12 August 1994

Amends the Clean Air Act to provide that: (1) nothing in such Act shall be construed to authorize or require the Administrator of the Environmental Protection Agency to promulgate an implementation plan pursuant to a finding that a State plan has failed to demonstrate attainment or maintenance of the national primary ambient air quality standard for ozone or carbon monoxide by December 31, 1987; and (2) no such finding shall result in the application of sanctions.

To amend the Clean Air Act to prohibit the Environmental Protection Agency from promulgating a Federal Implementation Plan prior to the disapproval of State implementation plan revisions required pursuant to the Clean Air Act Amendments of 1990, and for other purposes.

United States · United States Congress · 12 August 1994

Amends the Clean Air Act to provide that nothing in such Act shall be construed to authorize or require the Administrator of the Environmental Protection Agency to promulgate or enforce an implementation plan pursuant to any court order or settlement based upon requirements in effect prior to the enactment of the Clean Air Act Amendments of 1990 until the Administrator has disapproved State implementation plan revisions in accordance with the Clean Air Act Amendments of 1990.

Gulf of Maine Conservation and Cooperation Act of 1994

United States · United States Congress · 10 August 1994

Gulf of Maine Conservation and Cooperation Act of 1994 - Requires the President to establish a Gulf of Maine Inter-Agency Task Force to provide for improved interagency cooperation, efficiency, and effectiveness with respect to Federal activities concerning the conservation and sustainable development of the natural resources of the Gulf of Maine. Requires Federal officials who appoint members of the Task Force to cooperate and coordinate their activities related to natural resources of the Gulf with the Gulf of Maine Council on the Marine Environment. Directs the Secretary of Commerce to enter into agreements and memoranda of understanding with the Council to enhance efforts to conserve the Gulf's natural resources. Authorizes the Secretary to work with others to develop a sustainable development strategy for the Gulf. Permits Federal officials who appoint Task Force members to make grants to the Council for programs related to the conservation of the Gulf's natural resources or to sustainable economic development in the Gulf region. Limits the total amount of annual grants. Directs the Regional Marine Research Board for the Gulf of Maine region to cooperate with the Council and the States bordering the Gulf in efforts to promote the environmental and economic health of the region. Authorizes the Board, subject to the Secretary's approval, to revise schedules for the development of research plans under the Marine Protection, Research, and Sanctuaries Act of 1972 to ensure the coordination of such plans with activities under this Act.

Landfill Technological Improvement Act of 1994

United States · United States Congress · 10 August 1994

Landfill Technological Improvement Act of 1994 - Amends the Solid Waste Disposal Act to provide that nothing shall prohibit usage in hazardous waste landfills of sorbents manufactured from processed organic materials that would not be expected to degrade in an anaerobic environment until the Administrator of the Environmental Protection Agency issues final regulations concerning anaerobic landfill conditions and the usage of organic sorbents.

Coast Guard Authorization Act of 1994

United States · United States Congress · 9 August 1994

TABLE OF CONTENTS: Title I: Authorization Title II: Personnel Management Improvement Title III: Navigation Safety and Waterway Services Management Title IV: Miscellaneous Provisions Title V: Recreational Boating Safety Improvement Title VI: Towing Vessel Safety Title VII: Act to Prevent Pollution from Ships Amendments Coast Guard Authorization Act of 1994 - Title I: Authorization - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; (4) retirement pay and benefits; (5) alteration or removal of bridges; and (6) environmental compliance and restoration. (Sec. 102) Authorizes the Coast Guard end-of-year strength for active duty and the average military training student loads. Title II: Personnel Management Improvement - Authorizes the Commandant of the Coast Guard to make child development services available for members of the armed forces and Federal civilian employees. (Sec. 203) Authorizes homeowners' assistance to military personnel of the Coast Guard who were assigned to, or employed at, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, during Hurricane Andrew. (Sec. 207) Allows the Commandant to obtain research on Coast Guard personnel resource and training needs and to employ special programs for recruiting women and minorities. (Sec. 208) Authorizes the Commandant to enter into contracts to carry out health care services for Coast Guard personnel and covered beneficiaries. Title III: Navigation Safety and Waterway Services Management - Amends the Dingell-Johnson Sport Fish Restoration Act to increase the amounts transferred from State fish restoration and management project appropriations for grants for recreational boating safety programs. Revises funding from the same appropriations for grants to coastal and inland States for: (1) the construction and renovation of pumpout stations and waste reception facilities; and (2) education of recreational boaters about the problems of human body waste discharges from vessels. (Sec. 301) Increases from 24 months to five years the period of validity for certificates of inspection maintained by vessels that have oil or hazardous substances on board. (Sec. 302) Authorizes eligible States to submit plans for the construction and renovation of public facilities for transient nontrailerable vessels to the Secretary of the Interior. Authorizes grants for such purposes. (Sec. 303) Repeals a provision requiring the Secretary of the department in which the Coast Guard is operating to collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges U.S. vessels trading to the ports of that country. (Sec. 304) Increases civil penalties for violations regarding documentation of vessels. Revises Federal provisions to make a vessel and its equipment liable to seizure by, and forfeiture to, the U.S. Government when: (1) the owner of the vessel or representative of the owner knowingly falsifies or conceals a material fact or makes a false statement or representation about the documentation when applying for documentation of the vessel; (2) a certificate of documentation is knowingly and fraudulently used for a vessel; (3) a vessel is operated after its endorsement has been denied or revoked; (4) a vessel is employed in a trade without an appropriate trade endorsement; (5) a documented vessel with only a recreational endorsement is operated other than for pleasure; or (6) a documented vessel is placed under the command of a person who is not a U.S. citizen. (Sec. 305) Amends the Outer Continental Shelf Lands Act to make persons who fail to comply with regulations issued by the Secretary of the department in which the Coast Guard is operating liable for a civil penalty. (Sec. 306) Requires uninspected commercial fishing industry vessels that operate beyond three nautical miles from the Great Lakes coastline to be equipped with alerting and locating equipment. (Sec. 308) Considers the knowing alteration of lifesaving, fire safety, or other specified equipment such that the equipment is rendered defective to be a class D felony. Title IV: Miscellaneous Provisions - Authorizes the Secretary of Transportation to convey all right, title, and interest of the United States in Thacher Island to the Town of Rockport, Massachusetts, except that the Coast Guard shall retain all right, title, and interest in any historical artifact. Conditions such conveyance on the maintenance of specified navigation functions by the United States. (Sec. 402) Directs the Secretary to convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, all right, title, and interest of the United States in and to specified Coast Guard property for use by such corporation as a Native health clinic. (Sec. 403) Requires the Secretary, for purposes of alerting the Florida Avenue Bridge in Orleans Parish, Louisiana, to treat the drainage siphon that is adjacent to the bridge as an appurtenance of the bridge. (Sec. 404) Sets forth conditions under which transferring a tuna fishing vessel which is an agreement vessel documented under U.S. laws to foreign registry shall not be treated as a disposition of an agreement vessel or a failure to meet any substantial obligation under an agreement entered into between the owner or operator of the vessel and the approriate Secretary. Provides that all vessel income and expense will, after registry transfer, continue to be reported as income and taxed in the United States as if the vessels's registry had not been transferred. Title V: Recreational Boating Safety Improvement - Amends Federal boating safety law to prohibit a person from operating a recreational vessel under 26 feet in length unless each individual six years or younger wears a Coast Guard approved personal flotation device while on the vessel's deck. (Sec. 502) Sets forth a formula for the allocation of State recreational boating safety program funds based upon State adoption of prohibitions on the operation of recreational vessels while under the influence of alcohol or drugs. (Sec. 503) Directs the Secretary of Transportation to submit to specified congressional committees a plan to increase reporting of vessel accidents to State law enforcement officials. (Sec. 504) Declares that persons who operate a recreational vessel in violation of this Act may be ordered to complete an approved recreational boating safety course. Title VI: Towing Vessel Safety - Authorizes the Secretary of the department in which the Coast Guard is operating to require the use of specified navigation equipment on towing vessels. (Sec. 602) Directs individuals who apply for issuance or renewal of a towing vessel operator's license to demonstrate proficiency in the use of navigational safety equipment. (Sec. 603) Requires marine casualties to be reported as soon as practicable, but in no case later than within five days. Increases penalties for an individual in charge of a vessel for failing to report a casualty. (Sec. 604) Directs the Secretary of Transportation to report to the Congress on: (1) the adequacy and effectiveness of manning of towing vessels and progress made in implementing improvements in towing vessel operator licensing requirements; and (2) the feasibility of establishing a differential global positioning satellite navigation system and creating electronic charts for U.S. inland waterways. Title VII: Act to Prevent Pollution from Ships Amendments - Amends the Act to Prevent Pollution from Ships to authorize the Secretary of the department in which the Coast Guard is operating to issue a certificate attesting to the adequacy of garbage reception facilities at a port or terminal only if an inspection has been conducted prior to the issuance of a certificate. (Sec. 702) Makes such certificates valid for a period of five years unless there is a change of operator. Directs the Secretary to promulgate regulations that require the operators of ports or terminals subject to MARPOL Protocol (the Protocol of 1978 relating to the International Convention for the Prevention of Pollution From Ships, 1973) requirements relating to reception facilities to post placards stating that users should report facility inadequacies to the Secretary. Requires all vessels to display placards and conduct briefings that notify the crew and passengers of requirements of Annex V of the Convention. Authorizes the Secretary of the Treasury to refuse or revoke certain permits to proceed or depart of foreign vessels in violation of MARPOL requirements. Provides for a toll-free telephone number for reporting MARPOL violations. (Sec. 703) Amends the Marine Plastic Pollution Research and Control Act of 1987 to direct the Secretary of the department in which the Coast Guard is operating to report to the Congress on potential improvements of the waste management practices at port facilities. Expresses the sense of the Congress that certain shipper insurance policies should not provide for the payment of penalties under the Act to Prevent Pollution from Ships. Requires persons in charge of vessels to include information on the disposal of onboard waste in the notice of arrival to the port. Direct the Administrator of the Environmental Protection Agency to establish a Marine Debris Coordinating Committee.

Environmental Audit Protection Act

United States · United States Congress · 8 August 1994

Environmental Audit Protection Act - Provides that an environmental audit shall not be subject to discovery or admitted into evidence in any civil or criminal action or administrative proceeding before a Federal court or agency, except as provided by this Act. Excludes from such protection information: (1) required to be made available to a regulatory agency pursuant to an environmental law or other Federal, State, or local law or regulation; (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the environmental audit. Makes such protection inapplicable with respect to an environmental audit report to the extent that such protection is waived by any person conducting an activity that is regulated under an applicable environmental law and who prepared the report. Excludes from protection, in a civil action or administrative proceeding, any portion of an environmental audit report if: (1) such protection is invoked for a fraudulent purpose; or (2) the report provides evidence of noncompliance with an environmental law and efforts to achieve compliance were not pursued with reasonable diligence. Excludes from protection, in a criminal proceeding, any portion of such report if: (1) any of the conditions described above with respect to civil actions or administrative proceedings where in effect; or (2) the report contains evidence relevant to the commission of an offense under an environmental law, the Attorney General has a compelling need for the information, the information is not otherwise available, and the Attorney General is unable to obtain the equivalent of the information without incurring unreasonable cost and delay. Sets forth procedures for in camera review proceedings. Bars the use of information prepared for the in camera hearing in any proceeding against the defendant and requires such information to be kept confidential unless: (1) the information is found by the court to be subject to disclosure; or (2) the person using the information demonstrates that the information was obtained from a source independent of the report.

Superfund Reform Act of 1994

United States · United States Congress · 8 August 1994

TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Superfund Reform Act of 1994 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to authorize the Administrator of the Environmental Protection Agency (EPA) to make technical assistance grants available to any group of individuals who may be affected by the release or threatened release of hazardous substances or pollutants at any facility on the State Registry or National Priorities List (NPL). (Sec. 101) Requires the President to provide for public participation in significant phases of response activities under CERCLA. Makes all nonprivileged information available to the public throughout all phases of the response action. Directs the President to ensure that the presentation of information on risk is unbiased and informative. (Sec. 102) Requires the President to provide the opportunity for the establishment of a representative public forum, known as a Community Working Group (CWG), to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 50 citizens, or at least 20 percent of the population of a locality in which the NPL facility is located, petition for a CWG to be established. Authorizes CWGs to offer recommendations on the anticipated future use of land at an affected facility prior to the selection of a remedy. Establishes a Citizen Information and Access Office within each State to provide information regarding State Registry and NPL sites, citizens' rights, facility records and health data, public meetings, removal and remedial actions, and outreach activities. Authorizes Indian tribes to petition the Administrator to form a body equivalent to such Office. Directs the Administrator to submit a biennial Environmental Justice Study to the Congress. (Sec. 103) Requires the President, in setting priorities for taking remedial action, to: (1) group facilities together, even if they are not adjacent, and score them as a single facility where more than one facility on the State Registry results in hazardous substances exposures to the same population; (2) take into account the use of land or waterways for subsistence, religious, or cultural practices where such use results in additional exposures, in placing facilities on the NPL; (3) conduct interviews with persons affected by the facility and solicit their input in the hazard ranking system evaluation; and (4) place highest priority on facilities with releases of hazardous substances which result in actual ongoing human exposures at levels resulting in demonstrated adverse health effects as identified in specified health assessments. Authorizes the President to take into account any history of exposure to hazardous substances in the community regardless of the source of exposure, in placing facilities on the NPL. Requires the Administrator to: (1) evaluate major urban areas and other areas where environmental justice concerns may warrant special attention; and (2) identify five facilities in each EPA region that are, or should be, on the State Registry and that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 109) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 110) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Authorizes the ATSDR Administrator, pursuant to such grants or contracts, to provide for health services to communities affected by the release of hazardous substances. (Sec. 113) Permits the EPA Administrator to carry out a demonstration program to assist in the recruitment and training of individuals from areas affected by NPL facilities for employment in remediation activities. Encourages parties conducting response actions under CERCLA to have their contractors train minorities and other disadvantaged persons from the affected community in remediation skills. Title II: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 202) Prohibits funding to States for response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay 15 percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 206) Directs the Administrator to study the feasibility of authorizing States to use their own laws to carry out CERCLA in lieu of the Federal program under such Act. (Sec. 207) Authorizes States to apply to the Administrator to exercise the Administrator's authorities with respect to response actions at Federal facilities. Bases approval of transfer of authorities in part on a State's hazardous waste program authorization under the Solid Waste Disposal Act. Continues the existing limitations on transfers of authority from the Administrator to any other person under provisions regarding Federal facilities. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to States to establish and expand voluntary response programs. (Sec. 301) Provides that no portion of a facility subject to a response action plan under a qualified State program shall be proposed for listing on the NPL so long as substantial and continual response activities are being undertaken to complete the response action in a timely fashion. Directs the Administrator to promulgate regulations describing circumstances in which States with qualified programs and the authority to issue permits under Federal environmental statutes may waive permit requirements with respect to approved voluntary response plans under certain conditions. Provides that performance of a voluntary response action shall not constitute an admission of liability under any Federal, State, or local law or regulation or in any private action. Title IV: Liability and Allocation - Authorizes the Administrator to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information and applies confidentiality requirements to contractors. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is the owner, operator, or lessee of residential property or a small business or small nonprofit organization; (2) such provisions and such activities involved fewer than 55 gallons of liquid materials (or 100 pounds of solid materials) containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership and the person acquired the facility by inheritance after disposal of the hazardous substances took place, did not contribute to the release, and exercised due care with respect to such substances; (5) ownership by a Federal, State, or local entity of a road or other right-of-way (other than railroads) over which hazardous substances are transported or on the granting of a license or a permit to conduct business; or (6) actions of a Federal agency in response to a natural disaster. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved municipal solid waste or sewage sludge. Applies such limitation to the aggregate liability of all persons involved. Applies such limitation only if acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program. Limits the liability of persons who do not impede the performance of a response action or natural resource restoration with respect to a release to the lesser of the fair market value of a vessel or facility or the actual proceeds of the sale of the vessel or facility subject to certain conditions. Provides that a person who owns or operates real property contiguous to property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered an owner or operator, for liability purposes, if such persons: (1) exercised due care with respect to such substance; (2) took precautions against foreseeable acts or omissions that resulted in the release; and (3) did not cause or contribute to the release and provides access to persons authorized to conduct response actions. Authorizes the President to issue assurances of no enforcement action to such person and grant such person protection against cost recovery and contribution actions. Grants the United States a lien, subject to certain conditions, on any facility for which the prospective purchaser is not liable for unrecovered response costs. Provides that no lien shall arise with respect to property: (1) for which the property owner preceding the first bona fide prospective purchaser is not liable or has resolved liability; or (2) where an audit required by an environmental professional gives the purchaser no reason to know of the release of hazardous substances. (Sec. 404) Directs the Administrator to calculate the EPA response action oversight costs for which potentially responsible parties (PRPs) are liable on a national basis as a percentage of total response costs incurred by PRPs (the national oversight rate). Limits the rate to ten percent of total response costs incurred by all PRPs. Provides that when the President responds at facilities on the NPL, liability for pollutants and contaminants shall be identical to that for hazardous substances only if such pollutants and contaminants: (1) constitute an imminent and substantial danger to human health; and (2) are not associated with the production or extraction of any hydrocarbon. Prohibits liability based solely on a person's construction activities at a facility if a person can demonstrate that the activities were carried out in accordance with a contract with the owner or operator and the person is a small business construction contractor. (Sec. 405) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 408) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. (Sec. 409) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to contain stipulated penalties for violations in an amount of up to $25,000 per day. Waives certain conditions to expand the scope of eligibility for de minimis settlements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. (Sec. 411) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the remedial action does not provide any hazardous substances will remain at the facility at concentrations above the protective concentration levels established after completion of the final action; (3) the agreement has been reached prior to the commencement of litigation against the settling party; (4) the settling party waives all contribution rights against other PRPs at the facility; (5) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. (Sec. 412) Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of municipal solid waste or sewage sludge for treatment or disposal; and (2) the PRP must be a natural person, small business, or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 413) Directs the Administrator to initiate the allocation process under this Act for each nonfederally-owned facility on the NPL that involves two or more PRPs: (1) for which the President selects a remedial action on or after February 3, 1994; and (2) for any such action selected before such date if requested by a PRP which has resolved liability to the United States with respect to the remedial action. Authorizes the Administrator to initiate such process for any facility involving two or more PRPs. Makes the allocation process inapplicable to a facility: (1) for which there has been a final settlement, decree, or order that determines all liability or allocated shares of PRPs; or (2) at which all of the PRPs are facility owners or operators. Authorizes the Administrator to initiate a single allocation process for more than one facility. Places a moratorium on the commencement or continuation of liability claims or recovery actions in connection with responses for which allocation is required until 90 days after the issuance of the allocator's report. Sets forth requirements concerning the allocation process, including those for the notification of PRPs and determinations regarding de minimis parties. Provides that de minimis parties that are potentially liable but entitled to expedited settlements shall not be subject to the allocation process unless they fail to settle with the President within 30 days of the offer. Requires the allocation parties to select an allocator from a list provided by the Administrator or from candidates proposed by the parties. Authorizes PRPs, prior to the issuance of the allocator's report, to submit a private allocation for the remedial action to the allocator. Requires the allocator to adopt such report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Bases allocation shares on the following factors: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of such substances; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, and disposal of such substances; (4) the degree of care exercised by the party; (5) the cooperation of the party in contributing to the response action; and (6) other factors determined by the Administrator. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Permits settling parties to seek a new allocation if there is convincing evidence that the allocator did not have certain information when the report was issued. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response action as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from Superfund for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Limits Superfund financing for reimbursements of costs incurred by parties that are attributable to orphan shares. Authorizes appropriations. Makes Federal agencies named as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this Act shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 414) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he/she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he/she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing or recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding cleanup standards to direct the Administrator to promulgate national goals to be applied at all facilities subject to remedial action under this Act. Requires such goals to be expressed as a single numerical level for chemical carcinogens and noncarcinogens. (Sec. 501) Directs the Administrator to promulgate a national risk protocol for conducting risk assessments under CERCLA. Requires the risk protocol to be used for risk assessment underlying determinations of the need for remedial action, the establishment of protective concentration levels of chemicals, and the evaluation of remedial alternatives. Requires remedial actions to: (1) comply with substantive requirements of Federal, or more stringent State, environmental or facility siting laws; (2) attain any promulgated concentration levels applicable to determining the level of cleanup for such actions; and (3) comply with any other standard under State environmental or facility siting laws that the State demonstrates is consistently applied to remedial actions. States that a goal of this Act is to restore any contaminated groundwater or surface water that may be used for drinking water to: (1) the level of any maximum contaminant level or level goal for the hazardous substance or contaminant that has been established under the Safe Drinking Water Act; and (2) a protective concentration level that attains such goal for any other hazardous substance, pollutant, or contaminant. Requires the achievement of such goal unless the President finds that such goal is technically impracticable from an engineering perspective or, under certain conditions, unreasonably costly. Requires remedial actions for contaminated groundwater (other than that used for drinking water) to attain levels appropriate to the current or anticipated use of such water. Authorizes the President to select a remedial action that does not comply with Federal and State standards subject to certain conditions. (Sec. 502) Revises general rules for remedial actions. Directs the President, in selecting a remedy, to take into account the reasonably anticipated future uses of land at a facility. Provides certain procedures for the remediation of hot spots. Requires the President to establish cost-effective generic remedies for categories of facilities. Sets forth factors to be taken into consideration with respect to selection of response actions for groundwater. (Sec. 504) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 505) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. Requires Federal agencies, before the commencement of any non-emergency removal action, to notify the EPA and the State of the planned action and obtain, in the case of facilities listed or proposed for listing on the NPL, concurrence in the planned action from the EPA or the State. (Sec. 506) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Title VI: Miscellaneous - Makes a Federal agency subject to certain actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance unless: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 605) Authorizes the use of the Superfund to pay up to 50 percent of response costs incurred by a potentially liable party in taking approved actions to achieve response after employing an alternative or innovative technology that fails to achieve the required level of response. (Sec. 606) Includes trusts, estates, or persons who hold title to a vessel or facility or are otherwise affiliated with a vessel or facility in a fiduciary capacity within the definition of "owner or operator" for purposes of determining liability under CERCLA. Limits the personal obligations and liabilities of a fiduciary to the extent to which the assets of the trust or estate are sufficient to indemnify the fiduciary, subject to certain conditions. Excludes from such definition the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership or conservatorship and forfeiture or seizure authority, provided such entity does not participate in operations that result in a release. (Sec. 608) Directs the Administrator to establish a small business Superfund assistance section within the small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 611) Requires the Administrator to study and report to the Congress on EPA procedures for suspension and debarment of persons and business entities, particularly response action contractors, and to assess the feasibility and cost of creating a nationwide data base to track such persons. (Sec. 613) Directs the Administrator to publish guidelines for a model State program for the training and certification of individuals to perform Phase I Environmental Site Assessments. Establishes the Environmental Certification Board. (Sec. 615) Revises provisions regarding the application of CERCLA to Federal agencies to make such agencies subject to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, and contaminants in the same manner as such requirements apply to nongovernmental entities. Absolves Federal employees of personal liability for civil penalties under Federal or State response laws with respect to acts or omissions within their official duties. Makes such employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions. (Sec. 616) Increases the authorization from Superfund for worker training and education grants. (Sec. 619) Makes States eligible for reimbursement currently available to local governments for emergency response actions. (Sec. 620) Directs the Administrator to study and report to the Congress on the feasibility of instituting a small disadvantaged business goal program for all Federal contracts under CERCLA. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 1999. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1994 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. (Sec. 805) Authorizes the Fund to decide not to make an offer unless an eligible person has filed and is actively pursuing a claim with an insurer. (Sec. 806) Requires the Fund to make resolution offers to eligible persons equal to the applicable percentage of the lesser of the eligible costs incurred by the persons or the available coverage. Describes applicable percentages based on facility location and size, litigation venues, and State. (Sec. 807) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. (Sec. 808) Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Treats payments made by the Fund to an eligible person as payments made by an insurer. (Sec. 809) Requires the Fund, in cases where an eligible person rejects a resolution offer, litigates a claim against an insurer, and obtains a final judgment against, or enters into a settlement with, the insurer, to reimburse the insurer for the lesser of the amount of the resolution offer or the final judgment or settlement. Authorizes the Fund, in such cases, to reimburse an insurer for unrecovered reasonable costs and legal fees if the resolution offer exceeded such final judgment or settlement. (Sec. 811) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation ten years after this Act's enactment with respect to: (1) a person that becomes an eligible person on or after such date; and (2) an eligible person that has not filed a request for a resolution offer and has not rejected an offer before such date. (Sec. 815) Directs the President to report on: (1) the potential liability of the Fund; and (2) the number of non-NPL facilities and their average cleanup cost. (Sec. 817) Terminates the Fund's authority to: (1) accept requests for resolution ten years after this Act's enactment date; and (2) offer resolutions ten years and 180 days after such date. Title IX: Taxes - Amends the Internal Revenue Code to extend the applicability of the environmental tax to tax years before January 1, 2001 (currently, 1996). Extends certain provisions regarding the Superfund financing rate. (Sec. 903) Requires all expenditures of the Resolution Fund to be paid out of fees and assessments imposed by the Internal Revenue Code. Exempts the Fund from Federal, State, and local taxation.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to add States to the governmental entities eligible for reimbursement for emergency removal actions and to clarify authority to take such actions at illicit drug laboratories.

United States · United States Congress · 5 August 1994

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make States affected by a release or threatened release of a hazardous substance from a facility eligible to apply for reimbursement for expenses incurred in carrying out emergency response actions, including the cleanup of illicit drug laboratories. (Currently, only local governments are eligible for such reimbursement.) Limits the amount of State reimbursement and prohibits the combination of amounts allowed for States and local governments for any single response action. Makes the Hazardous Substance Superfund available for State reimbursements.

A bill to amend the Clean Air Act to provide relief for non-selfgenerating ozone nonattainment areas, and for other purposes.

United States · United States Congress · 3 August 1994

Amends the Clean Air Act to remove a condition on the treatment of ozone nonattainment areas as rural transport areas that permits such treatment only if the nonattainment area does not include, or is not adjacent to, a metropolitan statistical or consolidated metropolitan statistical area.

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.

United States · United States Congress · 2 August 1994

Directs the Secretary of the Army to: (1) study, and prepare a comprehensive master plan for the management of, the Kankakee River Basin in Illinois and Indiana; and (2) prepare a feasibility report concerning the flood damage reduction and environmental enhancement measures described in the master plan. Authorizes appropriations.

Interstate Transportation of Municipal Solid Waste Act of 1994

United States · United States Congress · 1 August 1994

Interstate Transportation of Municipal Solid Waste Act of 1994 - Amends the Solid Waste Disposal Act to authorize State Governors, if requested by an affected local government, to prohibit the disposal of out-of-State municipal solid waste in landfills or incinerators subject to their jurisdiction. Permits Governors to limit the quantity of out-of-State waste received at landfills and incinerators excepted from such prohibition to an annual amount equal to the quantity received during 1993. Authorizes Governors to prohibit the disposal of such waste at landfills or incinerators covered by such exception that is generated by any State determined to have exported more than the following amounts of waste to landfills or incinerators not covered by host community agreements: (1) 3.5 million tons in 1995; (2) 3 million tons in 1996 and 1997; (3) 2.5 million tons in 1998 and 1999; (4) 1.5 million tons in 2000 and 2001; and (5) 1 million tons in 2002 and thereafter. Establishes limitations on State exports of municipal solid waste to landfills or incinerators not covered by host community agreements. Prohibits Governors from exercising authorities under this Act: (1) if such action would result in the violation of a host community agreement or a permit issued from the State to receive out-of-State municipal solid waste; or (2) except as otherwise provided, in a manner that would require landfills or incinerators covered by the exception to reduce the amount of out-of-State municipal solid waste received from any State to an annual quantity less than that received during 1993. Makes the authority to prohibit the disposal of out-of-State municipal solid waste inapplicable to landfills and incinerators that: (1) received documented shipments of such waste during 1993; (2) in the case of landfills, are in compliance with all applicable Federal and State laws and regulations relating to operation, design and location, leachate collection, groundwater monitoring, and financial assurance for closure and corrective action; or (3) in the case of incinerators, are in compliance with applicable requirements of the Clean Air Act and State laws and regulations relating to facility design and operations. Permits disposal of such waste at facilities that are not in compliance with applicable Federal and State laws and regulations unless disposal of waste that is generated within the State is also prohibited. Lists conditions under which host community agreements are prohibited.

National Science Foundation Authorization Act of 1994

United States · United States Congress · 1 August 1994

TABLE OF CONTENTS: Title I: National Science Foundation Authorization Title II: Research and Education in Strategic Areas Title III: General Provisions National Science Foundation Authorization Act of 1994 - Title I: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1995 through 1999. (Sec. 103) Amends the National Science Foundation Act of 1950 to direct the NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. Title II: Research and Education in Strategic Areas - National Science Foundation Strategic Research and Education Authorization Act of 1994 - Authorizes the Director of the NSF to establish the following cross-directorate initiatives: (1) advanced manufacturing technology; (2) advanced materials and processing; (3) biotechnology; (4) civil infrastructure systems; (5) global change research; (6) environmental research; (7) high performance computing and communications; and (8) science, mathematics, engineering, and technology education. Title III: General Provisions - Amends the Academic Research Facilities Modernization Act of 1988 to require the NSF Director, when making awards for academic facilities maintenance, to include projects for the acquisition of research instrumentation. (Sec. 302) Amends the Science and Engineering Equal Opportunities Act to authorize the Director to make awards to institutions of higher education and local educational agencies to develop science, computer science, technology, and mathematics curricula in accord with traditional cultural values of Native Hawaiian students, Pacific Islander students, and Native American students. Includes individuals with disabilities as an underrepresented group for which the Committee on Equal Opportunities in Science and Engineering should encourage full participation in scientific, engineering, and professional fields. (Sec. 303) Authorizes appropriations for the Director to: (1) make grants to organizations, including colleges and universities, to promote cooperative research projects between scientists in the United States and scientists in Latin America; and (2) establish a cross-directorate program between the United States and the Newly Independent States to make awards to individuals, small groups, and research centers to support collaborative research efforts between scientists and engineers from both countries. (Sec. 304) Requires the Director to continue to carry out the Experimental Program to Stimulate Competitive Research in certain States. (Sec. 305) Authorizes appropriations for FY 1995 and 1996 for the National Undergraduate Teaching Fellows program. (Sec. 306) Amends the National Science Foundation Act of 1950 and the National Science Foundation Authorization Act of 1988 to modify certain administrative procedures.

Lead Exposure Reduction Act of 1994

United States · United States Congress · 1 August 1994

TABLE OF CONTENTS: Title I: Lead Abatement Title II: Miscellaneous Title III: Authorization of Appropriations Lead Exposure Reduction Act of 1994 - Title I: Lead Abatement - Amends the Toxic Substances Control Act to prohibit the processing or distribution in commerce of certain products containing more than a specified percentage of lead. (Sec. 103) Prohibits the sale or distribution in commerce of packaging or products if they include any additive to which lead has been intentionally introduced. Exempts certain products from lead content requirements, including products used for medical purposes, radiation protection or shielding, or in the mining industry to determine the presence of noble metals. (Sec. 104) Requires the Administrator to promulgate a list of lead-containing products that may present a health or environmental risk, specify the maximum concentration of lead found in such products, and promulgate labeling requirements. (Sec. 106) Prohibits: (1) placing in a landfill or incinerating lead-acid batteries; and (2) the disposal of such batteries other than by recycling in accordance with this Act. Requires used batteries to be delivered to specified entities and establishes battery acceptance requirements. Makes it unlawful to sell a battery that does not bear a label setting forth lead content and recycling information. Prohibits any person from selling at retail for use in the United States a regulated battery or rechargeable consumer product introduced into interstate commerce on or after one year after this Act's enactment date unless: (1) the battery is easily removable from the product, is contained in a battery pack that is easily removable, or is sold separately; and (2) the rechargeable consumer product and the battery are labeled in accordance with this Act. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Requires retail establishments that sell such batteries or products to post notices informing consumers that regulated batteries must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate: (1) labeling requirements for such batteries and related products; and (2) easily-removable design requirements for rechargeable consumer products designed to contain such batteries or battery packs. Provides for exemptions from rechargeable battery requirements under certain conditions. Prohibits the introduction into commerce or offering for introduction or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or afer January 1, 1995, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries on or after January 1, 1995; and (4) any mercuric-oxide battery on or after January 1, 1997. Sets forth enforcement provisions. Authorizes appropriations. (Sec. 107) Directs the Administrator to study and report to the Congress on the environmental and public health effects of burning used oil. Requires the Administrator to appoint a Coordinator for Lead Activities to coordinate activities relating to the prevention of lead poisoning, the reduction of lead exposure, and lead abatement. Title II: Miscellaneous - Expresses the sense of the Congress that the Administrator should finalize no rule or regulation that requires a nationwide prohibition of the manufacture, sale, or use of fishing sinkers, jigs, or lures containing lead, brass, or zinc until the Administrator gives priority consideration to alternative means of reducing the risk to waterfowl from lead fishing sinkers. Title III: Authorization of Appropriations - Authorizes appropriations.

An Act to authorize appropriations for high-speed ground transportation, and for other purposes.

United States · United States Congress · 1 August 1994

High-Speed Rail Development Act of 1994 - Authorizes the Secretary of Transportation (Secretary) to provide financial assistance to a public agency or group of public agencies for up to 50 percent of the publicly funded costs for corridor planning activities (engineering, operational, financial, environmental, or socioeconomic projections preliminary to implementation of specific high-speed rail improvements). Prohibits the use of such assistance for corridor planning with respect to the main line of the Northeast Corridor, between Washington, D.C., and Boston, Massachusetts. Authorizes the Secretary to undertake activities for the improvement, adaptation, and integration of developed technologies for commercial application in high-speed rail service in the United States. Requires the Secretary to promulgate safety regulations necessary for high-speed rail. Authorizes appropriations.

Waste Flow Control Consensus Act of 1994

United States · United States Congress · 29 July 1994

Waste Flow Control Consensus Act of 1994 - Authorizes each State and qualified political subdivision to direct, regulate, or prohibit: (1) the transportation, management, or disposal of municipal solid waste generated from household sources within the boundaries of the State or subdivision and designate waste management facilities to which such waste shall be transported; (2) the transportation, management, or disposal of municipal solid waste, incinerator ash, and construction and demolition debris, and designate facilities to which such waste shall be transported, managed, or disposed if, before May 15, 1994, the State or political subdivision adopted a law or legally binding provision that regulated such waste or the law or provision identified the use of a waste management method that will be necessary for such activities with respect to municipal solid waste; and (3) transportation of recyclable materials generated within such boundaries and designate facilities to which such materials shall be transported. Permits States and subdivisions described in (2) above to direct, regulate, or prohibit the transportation, management, and disposal of municipal solid waste from any existing or future waste management facility to any other waste management facility without making findings that such authority is necessary to meet current or anticipated solid waste management needs. Deems any contract, law, or legally binding provision of a State or qualified political subdivision that directs, regulates, or prohibits the transportation, management, or disposal of municipal solid waste as a reasonable regulation of commerce and provides that such contracts, laws, and provisions shall not be considered as impairing, restraining, or discriminating against interstate commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership. Permits the authority with respect to municipal solid waste from household sources or recyclable materials only if the State or subdivision: (1) establishes a program to separate or divert specified materials for purposes of recycling, reclamation, or reuse before exercising such authority; and (2) finds on the basis of public hearings that it is necessary to exercise such authority to meet current or anticipated solid waste management needs. Grants the authority under this Act only if the State or political subdivision implements a competitive designation process with respect to waste management or recyclable materials facilities. Authorizes State Governors to certify that State laws and regulations in effect on May 15, 1994, satisfy requirements for the competitive designation process. Retains the applicability of certain existing laws and contracts.

Marine Aquaculture Enhancement Act of 1994

United States · United States Congress · 28 July 1994

Marine Aquaculture Enhancement Act of 1994 - Amends the National Sea Grant College Program Act to include a marine aquaculture research, development, and technology transfer program. Directs the Secretary of Commerce to make grants, enter into contracts, and engage in specified other activities under such program to further research, development, education, and technology transfer in marine aquaculture and accelerate the development, growth, and commercialization of the domestic marine aquaculture industry. Specifies that the Program shall include research, development, technology transfer, education, and marine advisory programs that address specified issues, such as the application of marine biotechnology to aquaculture. Directs the Secretary to maintain within the Marine Advisory Service the capability to transfer relevant technologies and information to such industry. Sets forth provisions regarding: (1) administration; and (2) grants and contracts, including funding. Requires the Director to estalish advisory committees and review panels and provide them with copies of appropriate grant and contract application evaluations prepared by directors of sea grant colleges. Authorizes appropriations. Amends the Coastal Zone Management Act of 1972 to include among authorized objectives of: (1) coastal resource improvement grants, the development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coastal zone; and (2) coastal zone enhancement grants, the adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in the coastal zone which will enable States to formulate, administer, and implement strategic plans for marine aquaculture. Prohibits owning, contructing, or operating an offshore marine aquaculture facility except as authorized by permit. Authorizes the Secretary to issue, amend, renew, or transfer permits. Sets the term of a permit at ten years. Sets forth provisions regarding permit prerequisites, public and agency notice and comment, certification of compliance, permit revocation, surrender, renewal, and transfer, fees, civil penalties, and related issues. Directs the Secretary to establish minimum environmental standards for offshore marine aquaculture facilities designed to minimize the potential for inadvertent impacts on the marine environment, including specified safeguards. Establishes within the National Oceanic and Atmospheric Administration a marine aquaculture development program, the Nantucket Program, to expand coastal economic opportunities. Directs the Secretary to provide grants under such Program to eligible coastal communities to develop marine aquaculture training and support activities. Authorizes appropriations. Authorizes the Secretary to establish in southern New Jersey a Multispecies Aquaculture Center. Authorizes appropriations.

Bericht der Bundesregierung über die Vorsorge und Bekämpfung von Ölunfällen vor den deutschen Küsten (G-SIG: 13000306)

Germany · German Bundestag · 27 July 1994

Dritte Fortschreibung auf dem Gebiet der Bekämpfung von Meeresverschmutzungen (1. Bericht Drs 9/72, 1. Fortschreibung Drs 9/2359, 2. Fortschreibung Drs 10/2690), verfügbare personelle und sachliche Mittel, internationale Zusammenarbeit, deutsches Ölbekämpfungssystem und dessen weiterer Ausbau, administrative Maßnahmen

Improvement of the fiscal environment of small and medium-sized enterprises (SMEs)

European Union · European Parliament · 21 July 1994

Returning to the Senate the bill S. 729.

United States · United States Congress · 21 July 1994

Returns to the Senate S. 729 (amending the Toxic Substances Control Act to reduce the levels of lead in the environment) because in the opinion of the House of Representatives it contravenes the U.S. Constitution and infringes on the privileges of the House.

To authorize appropriations for construction of a research facility in Broward County, Florida, to be used in connection with efforts to control Melaleuca and other exotic plant species that threaten native ecosystems in the State of Florida.

United States · United States Congress · 20 July 1994

Amends the Water Resources Development Act of 1992 to increase the amount authorized to be appropriated for the construction of a research and quarantine facility in Broward County, Florida, to be used in connection with efforts to control Melaleuca and other exotic plant species that threaten native ecosystems in Florida.

Environmental Technologies Act of 1994

United States · United States Congress · 20 July 1994

TABLE OF CONTENTS: Title I: General Provisions Title II: Policy Coordination and Technology Programs Subtitle A: Policy Coordination and Program Planning Subtitle B: Environmental Technology Innovation Initiative Subtitle C: Other Research Activities Title III: Performance Measurements Title IV: Department of Energy Environmental Technology Development Title V: Authorization of Appropriations Title I: General Provisions - Environmental Technologies Act of 1994 - Sets forth congressional findings and purposes. Title II: Policy Coordination and Technology Programs - Subtitle A: Policy Coordination and Program Planning - Requires the President, acting through the Director of the Office of Science and Technology Policy, to develop an interagency strategy that: (1) ensures the coordinated, interagency promotion of the research, development, and demonstration of environmental technologies; and (2) develops priorities for Federal environmental technology efforts. (Sec. 202) Requires the Director to coordinate Federal activities and resources that are applied to life-cycle assessment and other design-for-environment resources in order to maximize the contribution of such assessments and resources to the efficient design, development, and use of such technologies and to sustainable economic development. (Sec. 203) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to include goals for sustainable economic development within technology innovation programs. Includes such goals in other existing programs under specified Acts. Subtitle B: Environmental Technology Innovation Initiative - Establishes an Environmental Innovation Initiative, to be administered by the Administrator of the Environmental Protection Agency (EPA), to promote the research, development, and demonstration of technologies that will contribute to sustainable economic development. Includes programs established under this Act in the Initiative. Provides assistance to eligible entities. (Sec. 211) Requires the Administrator to encourage the participation of socially and economically disadvantaged individuals and entities located in economically depressed areas in carrying out the Initiative. (Sec. 212) Directs the Administrator to conduct an interagency innovative environmental technology program to develop or demonstrate advanced precommercial environmental technologies. Makes U.S. companies and partnerships eligible for financial assistance for projects, subject to certain conditions. Provides for recoupment of assistance in connection with projects which have led to the development of a marketed product or process. (Sec. 213) Establishes the President's Total Environmental Quality Award to be awarded periodically to companies and other organizations which have benefited the United States through environmental technologies. Establishes a National Environmentally Sound Technology Award for individuals who have pioneered the development and use of a highly innovative environmental technology. (Sec. 214) Directs the Administrator to use existing information network capabilities to provide access to data on environmental technologies developed, tested, verified, or certified by programs under this Act and by other appropriate sources. (Sec. 215) Requires the Administrator to establish a program to demonstrate the performance of environmental technologies at Federal laboratories and facilities. (Sec. 216) Directs the Administrator to enter into an agreement with the National Research Council to study the influences on technological innovation in environmental technologies of economic, governmental, and other incentives and barriers. Subtitle C: Other Research Activities - Requires the Director of the National Science Foundation (NSF) to support research activities that will advance the integration of engineering practices and environmental protection in the development of advanced technologies. Title III: Performance Measurements - Requires the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to establish a program that provides for performance measurements for environmental technology products (excluding those primarily intended to improve the environment through pollution control, remediation, and monitoring). (Sec. 302) Authorizes the Administrator to designate entities to perform environmental technology verification. (Sec. 303) Requires the President to consider performance measurements for environmental technologies developed pursuant to this title in any program for evaluating and approving Federal purchases of environmental technologies. Title IV: Department of Energy Environmental Technology Development - Directs the Secretary of Energy to conduct programs of research, development, and demonstration on: (1) new and improved technologies for environmental restoration and waste management; (2) training for environmental technicians, engineers, and scientists; and (3) technologies for reducing worker exposure to radioactivity in association with site remediation. (Sec. 402) Requires the Secretary to establish a program to demonstrate the technological and economic feasibility of recycling and reusing radioactively uncontaminated and decontaminated metals and equipment and of other waste minimization techniques. Provides for the recycling and reuse of the metals and equipment at a minimum of three national laboratories or former nuclear weapons production facilities. (Sec. 403) Directs the Secretary to incrementally increase the proportion of the annual budget request for the Environmental Restoration and Waste Management program that is attributable to research and development until such proportion is at least ten percent. Requires the Secretary to ensure that such increase does not affect other Department of Energy programs. Authorizes appropriations for nondefense research and development activities of the Office of Technology Development. Title V: Authorization of Appropriations - Authorizes appropriations.

Providing for consideration of the bill (H.R. 3870) to promote the research and development of environmental technologies.

United States · United States Congress · 20 July 1994

Sets forth the rule for consideration of H.R. 3870 (promoting the research and development of environmental technologies).

Mountain Park Project Act of 1994

United States · United States Congress · 19 July 1994

Mountain Park Project Act of 1994 - Adds environmental quality activities to the list of activities of the Mountain Park Reclamation Project, Oklahoma. Directs the Secretary of the Interior to: (1) conduct investigations to determine environmental quality activities that could be carried out for the Project; and (2) make an appropriate reallocation of Project costs to accommodate such activities. Requires the Secretary, in conducting such investigations, to examine the benefits to natural environmental resources achievable from an environmental quality activity that requires reallocating water, using facilities or land of the Project. Requires the Secretary, upon completion of investigations, to: (1) prepare a proposed reallocation of Project costs; and (2) negotiate with the Mountain Park Master Conservancy District to amend the contract to adjust the obligation of the District to repay Project costs, to reflect the reallocation of nonreimbursable Project costs. Requires Project costs associated with an environmental quality activity to be nonreimbursable. Authorizes the Secretary to accept prepayment of the repayment obligation of the District for reimbursable construction costs allocated to municipal and industrial water supply for the cities of Altus, Frederick, and Snyder, Oklahoma, and reduces the District's obligation by the amount of such costs upon receipt of prepayment. Provides that title to the Project facilities shall remain with the United States. Repeals provisions of the Reclamation Projects Authorization and Adjustment Act of 1992 regarding prepayment by the District for Project costs.

State and Local Government Interstate Waste Control Act of 1994

United States · United States Congress · 19 July 1994

Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills, incinerators, or other waste disposal facilities from receiving municipal solid waste generated outside their State unless they obtain authorization from the affected local government. Exempts from such prohibition: (1) landfills that, as of this Act's enactment date, complied with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action and, during 1993, accepted municipal solid waste generated outside the State or, before this Act's enactment date, obtained authorization to accept such waste; (2) persons planning to own or operate a landfill, incinerator, or other waste disposal facility who obtained authorization to accept such waste before this Act's enactment; and (3) incinerators or other waste disposal facilities that accepted such waste during 1993 or obtained authorization before this Act's enactment. Considers expansions of landfills, incinerators, or waste disposal facilities to be separate facilities requiring authorization. Exempts owners or operators of such facilities from the requirement to obtain additional authorizations if: (1) at the time they obtained authorization, they possessed an option to purchase the land on which the expansion is proposed to occur; and (2) the area of expansion was indicated in documents filed with the affected local government before obtaining authorization; or (3) with respect to facilities exempted from authorization requirements, they possessed an option to purchase the land for the expansion during 1993. Authorizes State Governors to prohibit local government authorizations if the disposal of out-of-State waste is using solid waste management capacity required to be used for waste generated within the local government's region. Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste received at landfills exempted from authorization requirements. Makes this Act inapplicable after 1996 unless each operating landfill in a State: (1) meets design and location standards applicable to landfills constructed on and after October 1993; or (2) is on an enforceable schedule to stop receiving waste by 2000 and to implement a closure plan. Phases in a recycled content requirement for newsprint used in publishing a newspaper with an average daily circulation of at least 200,000 to require at least 50 percent of such newsprint to consist of recycled content effective January 1, 2004. Prescribes penalties for noncompliance. Provides for the deposit of penalties in the Newsprint Recycling Fund and makes amounts available to local governments in areas served by covered newspapers for establishing programs to collect and recycle old newsprint.

A bill to modify the negotiating objectives of the United States for future trade agreements, and for other purposes.

United States · United States Congress · 18 July 1994

Amends the Omnibus Trade and Competitiveness Act of 1988 to add as an overall U.S. trade negotiating objective that the United States obtain increased compatibility of trade agreements with environmental protection, conservation, and sustainable development. (Sec. 1) Declares principal U.S. trade negotiating objectives includes ensuring that dispute settlement mechanisms within trade agreements provide for more effective and expeditious resolution of disputes, improve transparency and public participation, and enable better enforcement of U.S. rights, including those relating to environment and conservation; (2) obtaining broader application of the principle of transparency through the observance of open and equitable procedures by GATT Contracting Parties to the GATT in trade matters related to environment and conservation; (3) taking into account the particular needs of developing countries in trade matters relating to environment and conservation; (4) improving the provisions of trade agreements to discipline unfair trade practices having adverse trade effects, including practices potentially harmful to the environment;(5) promoting compatibility of established standards of the World Trade Organization (WTO) relating to intellectual property with existing international biological diversity conventions; and (6) developing internationally agreed rules, including dispute settlement procedures, which will promote environmentally sensitive foreign investment and discourage countries from attracting or maintaining foreign investment by relaxing domestic health, safety, or environmental measures. Declares that the principal U.S. negotiating objectives: (1) regarding environment and conservation issues related to trade and foreign investment are, among other things, to promote compatibility between trade agreements and the protection of the environment and global resources; and (2) regarding trade in wood and wood products are to promote sustainable forestry practices, and to increase market access for value-added wood products and wood products that are produced from timber that is sustainably harvested. (Sec. 2) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include nongovernmental environmental and conservation organizations. Authorizes the President to establish individual general policy and sectoral or functional advisory committees for environment and conservation. Requires a specified report of the appropriate sectoral or functional committees concerning proposed trade agreements to include an advisory opinion as to the significant environmental effects of trade conducted within the sector or functional area. (Sec. 3) Amends the Omnibus Trade and Competitiveness Act of 1988 to declare that the principal U.S. negotiating objectives regarding environment and conservation in the WTO and the Committee on Trade and Environment of the WTO are, among other things, to promote greater compatibility of the rules and agreements of the WTO with international agreements that rely upon trade sanctions for enforcement. Declares that the principal U.S. negotiating objectives with respect to bilateral trade accession to the North American Free Trade Agreement (NAFTA) are to establish for the country seeking accession minimum environmental safeguards that are not less than those contained in NAFTA and the North American Agreement on Environmental Cooperation. Declares that the principal U.S. negotiating objectives with respect to the Asia-pacific Economic Cooperation form (APEC) are to develop a program relating to environment and conservation measures of relevance to member countries of APEC.

A bill to authorize the Export-Import Bank of the United States to provide financing for the export of nonlethal defense articles and defense services the primary end use of which will be for civilian purposes.

United States · United States Congress · 15 July 1994

Amends the Export-Import Bank Act of 1945 to allow, provided specified conditions are met, the Export-Import Bank to finance export sales of nonlethal defense articles or services whose primary end use will be for civilian purposes. Requires the Bank to encourage the use of its programs to support the export of goods and services that have beneficial effects on the environment or mitigate potential adverse environmental effects such as by encouraging environmentally sustainable development, promoting efficient use of resources, and promoting energy efficiency. Authorizes appropriations.

Black Canyon National Conservation Act of 1993

United States · United States Congress · 14 July 1994

Black Canyon National Conservation Act of 1993 - Redesignates the Black Canyon of the Gunnison National Monument in Colorado as the Black Canyon of the Gunnison National Park. Establishes the Gunnison Gorge National Conservation Area (conservation area). Amends the Wild and Scenic Rivers Act to designate the Gunnison River, Colorado, as a component of the National Wild and Scenic Rivers System. Directs the Secretary of the Interior to transmit to specified congressional committees a comprehensive plan for the long-range protection and management of the conservation area. Authorizes the Secretary, to the extent appropriated funds are made available, to establish a visitors center to provide information and interpretation of both the Park and the conservation area. Establishes the Curecanti National Recreation Area (recreation area) as a unit of the National Park System. Modifies the boundary of the Gunnison National Forest. Permits the Secretary to: (1) sell or exchange certain encroachments and remove them from the recreation area; and (2) convey land known as the Riverway Tract to the city of Gunnison, Colorado. Authorizes the Secretary to operate the: (1) Wayne N. Aspinall Unit of the Colorado River Storage Project in a manner which complies with a specified water service contract for delivery of water to the Park and conservation area and which enhances flow conditions for existing water users, the Park, the conservation area, and the Wild and Scenic River designated by this Act; and (2) facilities of the Unit and the Uncompahgre project in a manner consistent with the Taylor Park Reservoir Operation and Storage Exchange Agreement dated August 28, 1975. Declares that nothing in this Act shall be construed to affect in any way: (1) the allocations of water secured to the Colorado River Basin States by any compact or decree; or (2) any Federal environmental law, including the Endangered Species Act. Prohibits the Secretary from using funds from the sale of electric power and energy to carry out this Act. Authorizes appropriations.

Durham Woods Natural Gas Pipeline Safety Act of 1994

United States · United States Congress · 14 July 1994

Durham Woods Natural Gas Pipeline Safety Act of 1994 - Amends the Natural Gas Pipeline Safety Act of 1968 to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of natural gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas; and (2) transmission pipeline operators to institute a monthly inspection program for hazards and line markers along pipeline rights-of-way. Declares it is a criminal offense to knowingly damage a natural gas pipeline facility and subsequently fail to report such damage. Increases the civil and criminal penalties for violations of this Act. Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near natural gas pipelines; (2) study and report to the Congress on the safety of all natural gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by natural gas pipeline transportation; and (3) develop a comprehensive mapping program to identify the specific location of all transmission pipelines in the country.

Sustainable Development Through Trade Act of 1994

United States · United States Congress · 13 July 1994

Sustainable Development Through Trade Act of 1994 - Amends the Trade Act of 1974 to authorize the President to waive certain requirements for the withdrawal of beneficiary country status with respect to a country's product if he is advised by the Secretary of the Interior and the Administrators of the Environmental Protection Agency and of the National Oceanic and Atmospheric Administration that such country is taking action to protect environmental resources, including ecosystems, that have environmental, economic, or national security significance for the United States. Authorizes the President to designate a product of a least-developed beneficiary developing country as an eligible product for duty-free treatment unless it is determined that such product is import-sensitive.

National Aquaculture Development, Commercialization, and Promotion Act of 1994

United States · United States Congress · 13 July 1994

National Aquaculture Development, Commercialization, and Promotion Act of 1994 - Amends the National Aquaculture Act of 1980 to establish the Department of Agriculture (Department) as the lead Federal agency for the development of national policy and programs for private aquaculture. (Sec. 5) Directs the Secretary of Agriculture to: (1) establish within the National Agricultural Library a National Aquaculture Information Center; and (2) assign new aquaculture programs to the appropriate Federal agencies. (Sec. 6) Provides for coordination with the aquaculture industry. (Sec. 7) Authorizes the Secretary to pay the Federal share of grants and contracts for aquaculture commercialization research. (Sec. 8) Directs the Secretary to: (1) implement a national policy for private aquaculture; (2) implement a Department Aquaculture Plan; (3) revise the National Aquaculture Development Plan; (4) treat private aquaculture as a form of agriculture; and (5) maintain and support a National Aquaculture Information Center. (Sec. 9) Authorizes the Administrator of the Environmental Protection Agency to carry out grant and cooperative agreement programs to demonstrate aquaculture's application to environmental enhancement, including a pollution assessment program. (Sec. 10) Authorizes the Secretary to carry out grant and cooperative agreement programs for Native American Fishpond revitalization. (Sec. 11) Directs the Secretary to provide disaster assistance to eligible aquaculture farmers for weather-related losses. (Secs. 12 and 13) Authorizes the Secretary to: (1) establish aquaculture education programs in secondary and postsecondary vocational schools; and (2) support international aquaculture scientific exchanges. (Sec. 14) Authorizes appropriations. (Sec. 15) Amends the Consolidated Farm and Rural Development Act to make aquaculture farmers eligible for farm credit assistance. (Sec. 16) Amends the Agricultural Trade Act of 1978 to authorize the Secretary to establish an international aquaculture information and data collection program. (Sec. 17) Amends the Agricultural Credit Act of 1978 to make aquaculture farms eligible for the emergency conservation programs. (Sec. 19) Directs the Secretary to develop a plan for voluntary certification of guidelines to ensure the quality of aquatic species subject to this Act in order to promote the marketing and transportation of aquatic products.