Environment

National Urban Watershed Model Restoration Act

United States · United States Congress · 5 November 1997

National Urban Watershed Model Restoration Act - Directs the Administrator of the Environmental Protection Agency to develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments. Requires such program to be carried out in the Anacostia River watershed, District of Columbia and Maryland. Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. Authorizes appropriations.

illegale Batteriehaltung von Legehennen ohne wasserrechtliche Genehmigung

Austria · National Council · 4 November 1997

Schriftliche Anfrage der Abgeordneten Mag. Thomas Barmüller und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend illegale Batteriehaltung von Legehennen ohne wasserrechtliche Genehmigung

Federal Reports Elimination Act of 1998

United States · United States Congress · 4 November 1997

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

A bill to amend the Act that authorized the Canadian River reclamation project, Texas to direct the Secretary of the Interior to allow use of the project distribution system to transport water from sources other than the project.

United States · United States Congress · 4 November 1997

Requires the Secretary of the Interior to allow use of the project distribution system for transport of water to municipalities from the Canadian River Conjunctive Use Groundwater Project , subject to an environmental review under a specified memorandum of understanding between the Bureau of Reclamation and the Canadian River Municipal Water Authority and a review of the engineering design of the interconnection facilities to assure the continued integrity of the Canadian River reclamation project in Texas. Directs the Authority to bear the costs: (1) of construction, operation, and maintenance of the Project; and (2) incurred by the Secretary in conducting the environmental review.

A concurrent resolution expressing the sense of Congress in support of efforts to foster friendship and cooperation between the United States and Mongolia, and for other purposes.

United States · United States Congress · 4 November 1997

Supports: (1) efforts by the United States and Mongolia to use the resources of their respective countries to strengthen political, economic, educational, and cultural ties between the two countries; (2) future contacts between such countries in such a manner as will benefit the parliamentary, judicial, and political institutions of Mongolia; (3) efforts of the Mongolia parliament to establish United States-Mongolia Friendship Day; and (4) an exchange of ideas and information with respect to such efforts between Mongolia and U.S. scientists. Confirms the U.S. commitment to an independent, sovereign, secure, and democratic Mongolia. Encourages Mongolia's efforts: (1) to develop its democratic and free market institutions; and (2) toward economic development that is compatible with environmental protection. Commends: (1) Mongolia for its foresight in environmental protection through the Biodiversity Conservation Action Plan (and encourages Mongolia to obtain the goals illustrated in the plan); and (2) Mongolia's efforts to strengthen civilian control over the Mongolia military through parliamentary oversight (and recommends that Mongolia be admitted into the Partnership for Peace initiative at the earliest opportunity). Expresses the sense of the Congress that the President should: (1) support Mongolia, through the U.S. vote in international financial institutions and in the administration of U.S. bilateral assistance programs, in its efforts to expand economic opportunity through free market structures and policies; (2) assist Mongolia in its efforts to integrate itself into international economic structures, such as the World Trade Organization; and (3) promote efforts to increase commercial investment in Mongolia by U.S. business and promote policies which will increase economic cooperation and development between the United States and Mongolia.

Gründung und Beteiligung an der Nationalpark Thayatal GmbH

Austria · National Council · 31 October 1997

Bundesgesetz über die Gründung und Beteiligung an der Nationalpark Thayatal GmbH

National Forest Protection and Restoration Act of 1997

United States · United States Congress · 31 October 1997

National Forest Protection and Restoration Act of 1997 - Prohibits commercial logging and timber sales (with specified exceptions) on Federal public lands, with a two-year phase-out for existing contracts. Provides for payment of relinquished contracts. Authorizes appropriations. Directs the Secretaries of Agriculture and the Interior to each establish a National Heritage Restoration Corps to restore such lands to their natural pre-logging condition. Provides for worker retraining of eligible persons whose jobs have been lost due to terminated timber and logging contracts. Directs the Secretary of Labor to make training grants, including grants for job search and relocation. Sets forth fund allocation provisions, including amounts for an Environmental Protection Agency investigation of non-wood paper and construction alternatives.

Re-examined proposal for a Council Decision on a Community Action Programme promoting non-governmental organizations primarily active in the field of environmental protection

European Union · European Commission · 31 October 1997

dringenden Regelungsbedarf bei der Haltung von Wildtieren in Zirkusunternehmen

Austria · National Council · 30 October 1997

Schriftliche Anfrage der Abgeordneten MMag. Dr. Madeleine Petrovic und Genossen an den Bundeskanzler betreffend dringenden Regelungsbedarf bei der Haltung von Wildtieren in Zirkusunternehmen

Berger-Deponie und Umwelstrafrecht sowie Umwelthaftungsrecht

Austria · National Council · 30 October 1997

Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für Justiz betreffend Berger-Deponie und Umwelstrafrecht sowie Umwelthaftungsrecht

Berger-Deponie und Strukturmängel der Wasserpolizei

Austria · National Council · 30 October 1997

Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Berger-Deponie und Strukturmängel der Wasserpolizei

A bill to amend section 332 of the Communications Act of 1934 to preserve State and local authority to regulate the placement, construction, and modification of certain telecommunications facilities, and for other purposes.

United States · United States Congress · 30 October 1997

Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (3) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities.

Innovative Environmental Strategies Act of 1997

United States · United States Congress · 30 October 1997

Innovative Environmental Strategies Act of 1997 - Authorizes owners or operators of facilities subject to Environmental Protection Agency (EPA) rules, requirements, policies, or practices to submit proposals for innovative environmental strategies for achieving better environmental results to the EPA Administrator. Excludes rules for emissions reductions under the Clean Air Act and certain reporting requirements under the Emergency Planning and Community Right to Know Act of 1986 from the definition of "rule." Authorizes the Administrator to enter into an innovative environmental strategy agreement with a facility upon approval of the proposal and subject to other specified requirements. Permits such agreements to: (1) modify or waive otherwise applicable EPA rules, requirements, policies, or practices; (2) establish new environmental standards for a facility; or (3) establish new requirements not contained in existing rules or statutes. Bars such agreements from contravening the specific terms of a statute. Declares that such agreements should further the purposes of environmental statutes. Requires the Administrator to establish procedures under which a person other than the owner or operator may cosponsor a proposal. Gives priority to proposals cosponsored by stakeholder groups. Sets forth requirements for the stakeholder participation process. Permits the Administrator to limit the number of stakeholder participants if it is determined that such participants adequately represent the full range of interests (excluding competitive business interests) that may be affected by the innovative environmental strategy. Lists conditions for the approval of agreements, including that a strategy is expected to achieve better environmental results. Requires the Administrator to give great weight to stakeholders in determining whether to approve or disapprove a strategy. Sets forth conditions under which the Administrator shall deny a proposal if individual stakeholders object. Provides that if a proposed strategy involves waiving or modifying requirements under State, tribal, or local law, the Administrator shall not approve an agreement unless procedures required under such laws for waivers or modifications are followed. Requires agreements to include enforceable requirements and permits agreements to include voluntary commitments. Provides that failure to implement a voluntary commitment constitutes a ground for agreement termination. Sets forth conditions under which the Administrator may terminate agreements. Limits agreements to five-year terms, with exceptions. Provides for renewals. Provides for judicial review of a decision by the Administrator to enter into an agreement. Limits the number of agreements to 50 and authorizes the Administrator to limit the number to fewer than 50. Requires the Administrator to: (1) give priority consideration to proposals from small businesses; (2) ensure that agreements reflect proposals from a diversity of industrial sectors; and (3) establish a program to facilitate development of proposals from small businesses. Sets forth limits on the purposes and uses of agreements. Directs the Administrator to study and report to the Congress on whether approaches embodied in an innovative environmental strategy should be proposed for incorporation in a statute or regulation. Requires the Administrator to report to the Congress on the aggregate effect of agreements. Permits the Administrator to provide grants for technical assistance to stakeholder groups. Authorizes appropriations.

Disabled Sportsmen's Access Act

United States · United States Congress · 30 October 1997

Disabled Sportsmen's Access Act - Amends the Sikes Act to direct the Secretary of Defense, in developing facilities and conducting programs for public outdoor recreation at military installations, to ensure that such recreational opportunities provide equal access for disabled veterans, military dependents with disabilities, and other disabled persons when topographic, vegetative, and water resources allow equal access without substantial modification to the natural environment. Allows the Secretary to accept the services of volunteers and donations of money and property in ensuring such equal access.

State Environmental Audit Protection Act

United States · United States Congress · 29 October 1997

State Environmental Audit Protection Act - Amends Federal law to allow State laws to provide that: (1) voluntary environmental audit reports shall not be subject to discovery under Federal, State, or local law or be admissible as evidence in Federal, State, or local judicial actions or administrative proceedings; (2) individuals performing such audits shall not be required to give testimony in such actions or proceedings; and (3) an entity that promptly discloses information about noncompliance with specified Federal environmental and other laws (covered laws) that is discovered through an audit or compliance management system may be protected from an enforcement action in such actions or proceedings. Makes protections from discovery or testimony inapplicable to information that is otherwise required to be disclosed under law. Makes protection unavailable with respect to noncompliance with a covered Federal law that is not discovered voluntarily or that is the result of a willful and knowing violation or gross negligence by the entity disclosing the information. Bars Federal agencies from: (1) refusing to delegate enforcement authority under a covered Federal law to a State or local agency or to approve a State or local program under such a law because the State has a voluntary environmental audit incentive law in effect; (2) making a permit, contract, or settlement agreement contingent on a person waiving any protection under such State law; or (3) taking any other action that has the effect of requiring a State to rescind or limit any protection of such law. Requires States to report annually to the appropriate Federal agencies on the performance of such laws in order for the protections to apply. Amends the Small Business Act to expand the duties of small business development centers to include assisting small businesses in complying with requirements necessary to receive protections provided by State voluntary environmental audit incentive laws.

Disabled Sportsmen's Access Act

United States · United States Congress · 29 October 1997

Disabled Sportsmen's Access Act - Amends the Sikes Act to direct the Secretary of Defense, in developing facilities and conducting programs for public outdoor recreation at military installations, to ensure that such recreational opportunities provide equal access for disabled veterans, military dependents with disabilities, and other disabled persons when topographic, vegetative, and water resources allow equal access without substantial modification to the natural environment. Allows the Secretary to accept the services of volunteers and donations of money and property in ensuring such equal access.

Wetlands and Watershed Management Act of 1997

United States · United States Congress · 29 October 1997

Wetlands and Watershed Management Act of 1997 - Amends the Federal Water Pollution Control Act to include wetlands in the definition of "navigable waters." Declares that areas certified by the Secretary of Agriculture as prior converted cropland are not navigable waters unless cropping has ceased and the area meets the definition of wetland. Defines "wetlands" as areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Directs the Secretary of the Army (Secretary), acting through the Chief of Engineers, the Administrator of the Environmental Protection Agency, and the Secretaries of the Interior, Commerce, and Agriculture, to use the Corps of Engineers Wetlands Delineation Manual (1987) in carrying out provisions regarding permits for discharges of dredged or fill material into navigable waters unless a new manual has been formally adopted. Requires any new manual to specifically consider the recommendations of the 1995 National Academy of Sciences report concerning the characteristics and boundaries of wetlands. Directs the Secretary to develop materials and conduct training courses for consultants, State and local governments, and landowners explaining the use of the 1987 Manual in the delineation of wetland areas. Authorizes the Secretary and the Administrator to develop supplemental technical criteria and procedures pertaining to wetland hydrology, soils, and vegetation for identification of regional wetland types. Makes the alteration (including draining, dredging, and excavation) of navigable waters unlawful, except as in compliance with the Act. Requires applicants for Federal permits (for potential discharges into, or alterations of, navigable waters) to provide a certification from the State where the discharge or alteration originates that the discharge or alteration will comply with applicable provisions of the Act and allow for protection, achievement, and maintenance of designated uses included in applicable water quality standards. Defines "discharge of dredged material" as any addition of dredged material into navigable waters, including any addition incidental to any activity that would have the effect of degrading any area of such waters, including wetlands. Directs the Secretary and the Administrator to establish and implement a permit monitoring and tracking program on a watershed basis to monitor the cumulative impact of individual and general permits issued for discharges of dredged or fill material. Includes within the purpose of such program the determination of whether such activities are consistent with the national goal of achieving no net loss of the functions and acres of wetlands. Authorizes appropriations. Requires (currently, authorizes) the revocation of any general permit for the discharge of dredged or fill material if the activities authorized by the permit have adverse environmental impacts or are more appropriately authorized by individual permits or if a State or regional entity has failed to monitor the adverse effects of activities authorized by State programmatic general permits. Authorizes the Secretary to issue programmatic general permits on a Statewide basis to avoid unnecessary duplication of regulations by Federal, State, and regional programs. Requires such permits to include safeguards to ensure that the State program will have no more than minimal environmental impacts and will provide at least the same degree of protection for the environment and for Federal interests as provided by the Act. Provides for continuation of existing general permits unless otherwise modified, revoked, or held invalid. Exempts certain agricultural activities performed on wetlands from regulation under specified permit provisions. Requires dredged or fill material permit applications to provide for mitigation measures, including compensatory mitigation, with respect to effects on wetlands. Directs the Secretary to issue proposed rules defining the exceptional circumstances in which preservation of wetlands is permissible as a mitigation option. Provides for the establishment of mitigation banks (sites where wetlands or other aquatic resources have been restored, created, or preserved for purposes of providing compensatory mitigation credits to offset authorized impacts to similar resources). Permits State Governors to submit comprehensive wetlands and watershed management plans to the Administrator and the Secretary for approval. Authorizes the Administrator to make grants to approved State management entities for carrying out specified activities in the development of such plans. Authorizes appropriations. Provides for expedited permit processing, at the request of an approved State management entity, for a dredged or fill material permit if the permit application is in compliance with an approved wetlands and watershed management plan. Requires the Secretary to carry out a research program on wetlands and watershed management. Authorizes the Administrator to make grants to States for activities that implement dredged or fill material permit provisions through: (1) State assumption of permitting; (2) permitting through a programmatic general permit; and (3) other monitoring, management, protection, and enforcement activities. Authorizes appropriations. Requires the Administrator or the Secretary, as appropriate and upon request, to provide technical assistance to State and local governments in the development and implementation of dredged or fill material permit programs and wetlands and watershed management plans. Provides for training courses for States and local governments with respect to wetland delineation, utilization, restoration, and planning and other appropriate subjects. Directs the Administrator and the Secretary to provide guidebooks or other materials and technical assistance to private landowners for identifying, evaluating, and restoring wetlands and developing integrated wetland management plans consistent with this Act. Authorizes citizen suits with respect to violations of conditions included in a general permit, mitigation banking instrument, or other mitigation requirement.

Proposal for a Council Regulation (EC) applying the special incentive arrangements concerning labour rights and environmental protection provided for in Articles 7 and 8 of Council Regulations (EC) Nos 3281/94 and 1256/96 applying the scheme of generalized tariff preferences in respect of certain industrial and agricultural products originating in developing countries

European Union · European Commission · 29 October 1997

A bill to amend the Federal Water Pollution Control Act to permit grants for the national estuary program to be used for the development and implementation of a comprehensive conservation and management plan, to reauthorize appropriations to carry out the program, and for other purposes.

United States · United States Congress · 28 October 1997

Amends the Clean Water Act to require grants made under the National Estuary Program to be used for assisting activities necessary for the development and implementation of conservation and management plans (currently, for research and other technical work necessary for the development of such plans). Reauthorizes appropriations for the Program for FY 1999 through 2004.

Animal Agriculture Reform Act

United States · United States Congress · 28 October 1997

Animal Agriculture Reform Act - Directs the Secretary of Agriculture to establish an animal waste management program under which the Secretary shall approve a qualifying concentrated animal feeding operation waste management plan. Prohibits the land application of animal waste that exceeds specified levels of nitrogen, phosphorus, and other substances and threatens environmental or soil pollution. Sets forth provisions respecting: (1) land application of waste; (2) waste containment and treatment; (3) construction and discontinuation of animal waste structures; (4) wet waste containment systems; and (5) enforcement penalties. Amends the Food Security Act of 1985 to provide environmental incentives for animal waste management plan implementation. Authorizes appropriations. Authorizes appropriations to carry out this Act.

Paul E. Tsongas Fellowship Act

United States · United States Congress · 28 October 1997

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

Superfund Cleanup Acceleration and Liability Equity Act

United States · United States Congress · 28 October 1997

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

Paul E. Tsongas Fellowship Act

United States · United States Congress · 28 October 1997

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

Department of Commerce Dismantling Act

United States · United States Congress · 24 October 1997

TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Programs, Functions, and Agencies of Department of Commerce Title III: Establishment of United States Trade Administration Subtitle A: General Provisions Subtitle B: United States Trade Administration Title IV: Establishment of the Office of Patents, Trademarks, and Standards Subtitle A: Establishment Subtitle B: Administrative Provisions Subtitle C: Conforming Amendments Title V: Statistical Consolidation Subtitle A: General Provisions Subtitle B: Establishment of the Federal Statistical Service Subtitle C: Transfers of Functions and Offices Subtitle D: Administrative Provisions Subtitle E: Miscellaneous Title VI: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Abolishes the Department of Commerce (Department). Transfers all Department functions to the Director of the Office of Management and Budget (OMB) before the applicable date of abolishment, which is the earlier of: (1) the last day of the six-month period beginning on the date of enactment of this Act; or (2) September 30, 1998. (Sec. 103) Sets forth requirements for the resolution of all Department functions. Terminates all functions that are transferred to the Director that are not otherwise continued by this Act on the last day of the 3-year period beginning on the date of enactment. (Sec. 104) Sets forth provisions concerning: (1) the OMB Director's responsibilities during the resolution and termination of functions; and (2) transfer of Department personnel. (Sec. 106) Provides for the submission of specified reports. (Sec. 107) Requires General Accounting Office (GAO) audits of: (1) persons performing functions or activities pursuant to this Act; and (2) persons providing certain goods or services to, or receiving financial assistance from, persons performing functions or activities pursuant to this Act. (Sec. 109) Sets forth provisions for privatizing transferred functions designated for privatization under Title II of this Act. (Sec. 110) Amends Federal law concerning Government organization and employees to require affected agencies to establish agency-wide priority placement programs for Federal employees affected by a reduction in force attributable to this Act. (Sec. 111) Limits the total amount authorized to be appropriated as funding related to the performance of functions transferred to the Director or to OMB from the Department to not exceed: (1) for the first fiscal year that begins after the abolishment date, 75 percent of the total amount of funding appropriated to the Department for FY 1997; and (2) for the second fiscal year that begins after the abolishment date and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for FY 1997. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations owned by the Department under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all Department grants made under such Act in FY 1997. (Sec. 202) Terminates the Technology Administration and the Office of Technology Policy. Redesignates the National Institute of Standards and Technology (NIST) as the National Bureau of Standards (NBS). Transfers: (1) the NBS to the National Oceanic Atmospheric Administration (NOAA) reestablished under this Act; (2) all functions relating to the Bureau that were functions of the Secretary of Commerce (Secretary) or the Under Secretary of Commerce for Technology to the NBS Director; and (3) all functions of the National Technical Information Service (NTIS) to the OMB Director for privatization. Provides for the reestablishment of the NTIS as a wholly owned Government Corporation if an arrangement for privatization of the functions of the NTIS has not been made. (Sec. 203) Transfers all functions of the Secretary relating to the Bureau of the Census and the Bureau of Economic Analysis to the Federal Statistical Service established under this Act. (Sec. 204) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). Transfers the: (1) National Telecommunications and Information Administration (NTIA) laboratories to the OMB Director for privatization; (2) NTIA functions concerning the research and analysis of the electromagnetic spectrum to the NBS Director; and (3) functions of the NTIA, and of the Secretary and the Assistant Secretary of Communications and Information with respect to the NTIA to the Federal Communications Commission. Provides for the transfer of NTIA laboratories to the reestablished NOAA if an arrangement for privatization of the laboratories has not been made. Abolishes the NTIA. (Sec. 205) Terminates specified miscellaneous NOAA research programs. Transfers from the NOAA: (1) aeronautical mapping and charting functions to the Transportation Administrative Services Center at the Department of Transportation; (2) functions relating to mapping, charting, and geodesy authorized under a certain Act to the Army Corps of Engineers; (3) all functions and assets performed by the National Environmental Satellite, Data, and Information System to the reestablished NOAA; (4) all functions and assets (including global programs) performed by the NOAA that were authorized to be performed by the Office of Oceanic and Atmospheric Research to the reestablished NOAA; and (5) all functions and assets of the NOAA that are authorized to be performed by the National Weather Service to the reestablished NOAA. Prohibits: (1) funding for the NOAA Administration Corps of commissioned officers after FY 1997; and (2) allowing individuals to serve as such commissioned officers after FY 1997. Provides for the establishment of a priority placement program by NOAA to assist commissioned officers who are separated from the active list because of the termination. Abolishes on September 30, 2000: (1) the Office of the NOAA Administration of Corps of Operations or its successor; and (2) the Commissioned Personnel Center. Sets forth service contract provisions with respect to the NOAA Administration Fleet. Directs the Administrator of Oceans and Atmosphere to: (1) use excess capacity of University National Oceanographic Laboratory System vessels; and (2) enter into memoranda of agreement with the operators of such vessels. Transfers certain excess vessels to the National Defense Reserve Fleet. Transfers to the: (1) NOAA all functions authorized to be performed by the National Marine Fisheries Service; (2) reestablished NOAA all functions performed by the National Ocean Service, including the Coastal Ocean Program; and (3) Administrator of the Environmental Protection Agency coastal nonpoint pollution functions that are vested in the Secretary under the Budget Reconciliation Act of 1990. (Sec. 206) Reestablishes as an independent agency in the executive branch the NOAA. Provides for NOAA, and all functions and offices transferred to the new NOAA to be administered under the supervision and direction of an Administrator of Oceans and Atmosphere. Transfers to the new NOAA: (1) the functions and offices of the NOAA; (2) the NBS along with its functions and offices; and (3) the Office of Space Commerce, along with its functions and offices. Terminates NOAA and certain other agency offices affected by the transfer. (Sec. 207) Terminates: (1) the Minority Business Development Administration; (2) NTIA programs and activities mentioned in section 204 of this Act; (2) the Advanced Technology Program; (3) the Manufacturing Extension Programs; (4) the NIST METRIC Program; and (5) the Economics and Statistics Administration. Title III: Establishment of United States Trade Administration - Subtitle A: General Provisions - Sets forth definitions. Subtitle B: United States Trade Administration - Chapter 1: Establishment - Reestablishes the Trade Administration in the executive branch as an independent establishment to be headed by the Trade Representative who shall retain ambassador rank and represent the U.S. in all trade negotiations conducted by the Trade Administration. Directs the Trade Representative to serve as the principal adviser to the President on international trade policy, along with certain additional trade related functions, including those under Chapter 3. Chapter 2: Officers - Sets forth provisions related to Trade Administration management positions and related functions, among other things establishing three Deputy U.S. Trade Representatives: (1) the Deputy U.S. Trade Representative for Negotiations (with ambassador rank); (2) the Deputy U.S. Trade Representative to the World Trade Organization (WTO) (with ambassador rank); and (3) the U.S. Trade Representative for Administration (acts for and exercises the functions of the Trade Representative during the absence, disability, or vacancy of the Trade Representative and exercises all transferred or established Trade Administration functions, except those functions exercised by certain Trade Administration officials). Establishes four Assistant Administrators to exercise certain transferred Department functions under the direction of the Deputy Trade Representative for Administration: (1) the Assistant Administrator for Export Administration; (2) the Assistant Administrator for Import Administration; (3) the Assistant Administrator for Trade and Policy Analysis; and (4) the Assistant Administrator for Export Promotion (with ambassador rank). Creates the position of chief financial officer to perform all functions prescribed by the Deputy Trade Representative for Administration under the direction of such Deputy. Chapter 3: Transfers to the Trade Administration - Abolishes the Office of the United States Trade Representative. Transfers to the Trade Administration Federal trade functions, including those of the Department, the Trade and Development Agency, the Export-Import Bank, and the Overseas Private Investment Corporation. (Sec. 336) Directs the President to: (1) transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and financing activities; and (2) transfer those functions to the Trade Administration. (Sec. 337) Transfers: (1) functions of the Committee for the Implementation of Textile Agreements (CITA) to the Trade Administration; and (2) other functions of CITA related to the assessment of the impact of textile imports on domestic industry to the International Trade Commission. Abolishes CITA. Chapter 4: Administrative Provisions - Sets out Trade Representative related administrative provisions pertaining to personnel and other miscellaneous administrative matters, including those relating to a working capital fund for administrative expenses. Chapter 5: Related Agencies - Amends the Trade Expansion Act of 1962, the National Security Act of 1947, and the Bretton Woods Agreement Act to make miscellaneous and conforming changes to complete the consolidation and streamlining process described above. Chapter 6: Conforming Amendments - Makes miscellaneous technical and conforming amendments to various specified provisions of Federal law, including those relating to executive schedule positions. Chapter 7: Miscellaneous - Limits the total amount appropriated in the performance of all functions vested in the Trade Representative and the Trade Administration to not exceed: (1) for the first fiscal year that begins after the effective date, 75 percent of the total amount appropriated in FY 1998; and (2) for the second fiscal year and each fiscal year thereafter, 65 percent of the total amount appropriated in FY 1998. Title IV: Establishment of the Office of Patents, Trademarks, and Standard s - Subtitle A: Establishment - Establishes the Office of Patents, Trademarks, and Standards in the executive branch as an independent establishment to be administered by a Director. Transfers to the Director of the Office of Patents, Trademarks, and Standards all functions of, and all functions performed under the direction of, certain Department officials. Transfers to the Office the Patent and Trademark Office and NIST. Subtitle B: Administrative Provisions - Sets forth provisions related to the administrative functions of the Director. Subtitle C: Conforming Amendments - Makes conforming amendments relating to the Office and the Commissioner of Patents and Trademarks. Title V: Statistical Consolidation - Subtitle A: General Provisions - Expresses the sense of the Congress with respect to: (1) a more centralized statistical system and the role of the Chief Statistician of OMB; (2) confidentiality; and (3) decennial censuses of population. Subtitle B: Establishment of the Federal Statistical Service - Establishes the Federal Statistical Service as an independent establishment in the executive branch. Sets forth provisions for principal officers, including: (1) an Administrator; (2) a Deputy Administrator; (3) a Director of the Census; (4) a Director of the Bureau of Economic Analysis; and (5) a Director of the Bureau of Labor Statistics. (Sec. 513) Establishes a Federal Council on Statistical Policy to advise the Service, nominate the Administrator, serve as an advisory body to the Chief Statistician on certain confidentiality issues, and establish a unified statistical policy for the Federal Government. Mandates studies by the Council on: (1) whether the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and (2) making the Bureau's field offices part of the field offices of the Bureau of Labor Statistics. Subtitle C: Transfers of Functions and Offices - Transfers to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices. Subtitle D: Administrative Provisions - Sets forth provisions related to the administrative functions of the Administrator. Subtitle E: Miscellaneous Provisions - Sets forth miscellaneous provisions with respect to functions or offices of the Service and makes conforming amendments relating to certain officials of the Service. Title VI: Miscellaneous - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.

Persian Gulf War Veterans Act of 1997

United States · United States Congress · 24 October 1997

Persian Gulf War Veterans Act of 1997 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) any illness that: (1) the Secretary of Veterans Affairs determines to warrant such a presumption based upon a positive association with exposure to a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such illness in the veteran during the period of service. Requires the Secretary to make determinations under (1), above, based on sound medical and scientific evidence and to take into account reports submitted by the National Academy of Sciences (NAS) as required under this Act. Requires the Secretary to make appropriate determinations within 60 days after receipt of the NAS report. (Sec. 3) Directs the Secretary to enter into an agreement with the NAS under which NAS shall identify: (1) the agents or hazards to which Gulf War veterans may have been exposed; and (2) the illnesses that are manifest in such members. Directs NAS, after such identification, to determine whether a statistical association exists between exposure to such agent or hazard and the illness. Requires NAS to separately review potential treatment models for such illnesses, make recommendations for additional studies, and perform subsequent reviews of available evidence and data. Requires periodic reports from NAS to the Secretary, the Secretary of Defense, and the veterans and defense committees (designated committees) concerning NAS activities under this Act. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 4) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information data base for the collection, storage, and analysis of information on illnesses of, and treatment provided to, Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires the Secretary to: (1) continually compile and analyze all appropriate clinical data contained in the data base; and (2) report annually, along with the Secretary of Defense, to the designated committees with respect to the analysis of such data. (Sec. 5) Directs the Secretaries of Veterans Affairs, Defense, and Health and Human Services to jointly carry out, and report to the designated committees on, a program of feasibility studies for conducting additional scientific research on health hazards resulting from exposure to agents or hazards associated with Gulf War service. (Sec. 6) Directs the Secretary to carry out an ongoing program to provide Gulf War veterans with information relating to any health risks determined to be associated with such service, together with services or benefits available.

Environmental Health Protection Act of 1997

United States · United States Congress · 24 October 1997

Environmental Health Protection Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to notify State, local, and tribal public health authorities whenever a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred or is about to occur and such release is under investigation pursuant to CERCLA. Provides that in a public health emergency, exposed persons shall be eligible for referral to licensed or accredited health care providers. (Currently, such persons are eligible for admission to hospitals and other facilities and services operated by the Public Health Service.) Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles of hazardous substances that are not currently on the list of those that pose a most significant threat to human health but have been detected at covered facilities and are determined to pose a significant potential health threat due to known or suspected toxicity to humans and potential for human exposure. Defines "covered facilities" as facilities: (1) that are listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator of the Environmental Protection Agency is undertaking a removal action that is anticipated to exceed one year or a specified funding limit; or (3) with respect to which the ATSDR Administrator has approved a petition for a health assessment or related health activity. Includes Indian tribes in the list of individuals to whom the ATSDR Administrator is required to provide consultations on health issues related to hazardous substance exposure. Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Directs the ATSDR Administrator to perform a health assessment or related health activity for each covered facility (currently a health assessment for each NPL facility). Applies existing authorities related to assessments to health activities as well. Requires the President and the ATSDR Administrator to exchange information necessary to make a public health determination sufficiently before completion of a remedial investigation and feasibility study to allow full consideration of the public health implications of a release. Bars the delay of progress of a remedial action pending completion of a health assessment or health related activity. Includes cumulative effects of chemicals in the list of factors to be considered in a health assessment. Expands the list of parties to whom completed health assessments and recommendations are to be provided to include Indian tribes, local health officials, community advisory groups, and waste site information offices. Requires the ATSDR Administrator to include in the biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Provides for the distribution of: (1) medical education materials on hazardous substance exposure to local health officials; and (2) educational materials on human health effects of such substances to communities potentially affected by a facility. Requires the ATSDR Administrator to facilitate the provision of environmental health services in communities that: (1) may have been or may be subject to exposure to a hazardous substance from a covered facility; and (2) have a medically underserved population or lack sufficient expertise in environmental health. Directs the ATSDR Administrator, if considered appropriate, to conduct health education activities to make a community near a covered facility aware of the steps the community may take to mitigate or prevent exposure to hazardous substances and the health effects of such substances. Requires the ATSDR Administrator to conduct a study relating to the identification, assessment, and management of, and response to, multiple sources of exposure affecting or potentially affecting a community.

Superfund Recycling Equity Act of 1997

United States · United States Congress · 24 October 1997

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

To provide a conditional exemption under section 404 of the Federal Water Pollution Control Act, relating to discharges of dredged or fill material, for maintenance of certain flood control projects.

United States · United States Congress · 24 October 1997

Amends the Federal Water Pollution Control Act to exempt maintenance and repair of partially vegetated flood control channels that are components of flood control projects from regulation under provisions regarding permits for discharges of dredged or fill material.

Folgerungen aus der Kosten-Nutzen-Analyse des Einsatzes von chemischen Pflanzenschutzmitteln in der Landwirtschaft für die Agrar- und Umweltpolitik; Kostenbeteiligung der Hersteller von Pflanzenschutzmitteln (G-SIG: 13040202)

Germany · German Bundestag · 24 October 1997

Superfund Acceleration, Fairness, and Efficiency Act

United States · United States Congress · 23 October 1997

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

Enhancement of Trade, Security, and Human Rights through Sanctions Reform Act

United States · United States Congress · 23 October 1997

Enhancement of Trade, Security, and Human Rights Through Sanctions Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Provides that any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch, and considered by the House of Representatives or the Senate, should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted; and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any bill or joint resolution that imposes, or authorizes the imposition of, any unilateral economic sanction by the executive branch. Requires the committee of primary jurisdiction reporting such a bill or joint resolution to timely request specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Considers any bill or joint resolution that imposes any unilateral economic sanction to include a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. Authorizes the President to implement a unilateral economic sanction under any provision of law not less than 60 days after announcing his intention to do so. Requires any executive sanction to include a clear finding that the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the case of a national emergency, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Directs the President to establish an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President.

Department of Agriculture Civil Rights and Efficiency Act of 1997

United States · United States Congress · 22 October 1997

TABLE OF CONTENTS: Title I: Department of Agriculture Reorganization Title II: Implementation of Recommendations of Civil Rights Action Team Title III: Effective Date Department of Agriculture Civil Rights and Efficiency Act of 1997 - Title I: Department of Agriculture Reorganization - Establishes in the Department of Agriculture the position of Under Secretary of Agriculture for Foreign Agriculture and Agricultural Field Services. Directs the Secretary of Agriculture to delegate to the Under Secretary functions and duties of: (1) the Under Secretary of Agriculture for Farm and Foreign Agricultural Services; and (2) the Under Secretary of Agriculture for Natural Resources and Environment (other than Forest Service functions). Makes conforming amendments to the Department of Agriculture Reorganization Act of 1994 and to specified Federal law. (Sec. 102) Establishes in the Department the position of Under Secretary for Forestry. Directs the Secretary to delegate (to such Under Secretary) Forest Service functions and duties of the Under Secretary of Agriculture for Natural Resources and Environment. Makes conforming amendments to the Department of Agriculture Reorganization Act of 1994 and to specified Federal law. (Sec. 103) Directs the Secretary to: (1) establish in the Department a Farm Service Agency (Agency); and (2) assign to such Agency functions of the Consolidated Farm Service Agency and the Natural Resources Conservation Service. Makes conforming amendments to the Department of Agriculture Reorganization Act of 1994. (Sec. 104) Authorizes Agency use of Federal and non-Federal employees, with specified provisions concerning County Executive Directors. (Sec. 105) Directs the Secretary to issue regulations concerning management of State, county, and area offices of the Agency. Title II: Implementation of Recommendations of Civil Rights Team - Defines "socially disadvantaged group" and "socially disadvantaged farmer or rancher" for purposes of this title. (Sec. 202) Amends the Soil Conservation and Domestic Allotment Act to increase county and area committee membership by two nonvoting members appointed by the Secretary who shall advise the committee regarding Department policies to promote the interests of socially disadvantaged groups. (Sec. 203) Authorizes the Secretary to remove a committee member for misconduct, delinquency, or inefficiency, or a committee employee for discriminating in administering a Department program or activity. (Sec. 204) Authorizes the Secretary to establish an Office of Civil Rights Protection for Program Participants under the jurisdiction of the Assistant Secretary of Agriculture for Administration. (Sec. 206) Requires the Secretary to approve related legal settlements of $25,000 or more. (Sec. 207) Requires an agricultural census to sample each socially disadvantaged farmer or rancher. (Sec. 208) Directs the Secretary to study Department and committee hiring practices in order to make recommendations for increased hiring of socially disadvantaged group members. (Sec. 209) Directs the (Department's) Inspector General to: (1) include in each report audits of Department civil rights rules and policies and legal settlements; and (2) report on nepotism and conflicts of interest in the Department. Title III: Effective Date - Sets forth the effective date for amendments made by this Act.

Expressing the sense of Congress in support of efforts to foster friendship and cooperation between the United States and Mongolia, and for other purposes.

United States · United States Congress · 22 October 1997

Expresses support for: (1) the efforts of the Mongolian parliament to establish United States-Mongolian Friendship Day; (2) efforts by the United States and Mongolia to use their resources to strengthen political, economic, educational, and cultural ties; and (3) future contacts between such countries in such a manner as will benefit the parliamentary, judicial, and political institutions of Mongolia, particularly through the creation of an interparliamentary exchange between the Congress and the Mongolian parliament. Confirms U.S. commitment to an independent, sovereign, secure, and democratic Mongolia. Applauds and encourages Mongolia's simultaneous efforts to develop its democratic and free market institutions. Commends: (1) Mongolia for its foresight in environmental protection through the Biodiversity Conservation Action Plan and encourages it to obtain the goals illustrated in this Plan; and (2) Mongolia's efforts to strengthen civilian control, through parliamentary oversight, over the military and recommends that Mongolia be admitted into the Partnership for Peace initiative at the earliest opportunity. Encourages Mongolia's efforts toward economic development that is compatible with environmental protection and supports an exchange of ideas and information between Mongolian and U.S. scientists. Urges the President: (1) both through the vote of the United States in international financial institutions and in the administration of U.S. bilateral assistance programs, such as the Central Asian Enterprise Fund, to support Mongolia in its efforts to expand economic opportunity through free market structures and policies; (2) to assist Mongolia in its efforts to integrate itself into international economic structures, such as the World Trade Organization; and (3) to promote efforts to increase commercial investment in Mongolia by U.S. businesses and to promote policies which will increase economic cooperation and development between the United States and Mongolia.

Kauf und Pacht von Fischereirechten durch die Wasserkraftenergiewirtschaft

Austria · National Council · 21 October 1997

Schriftliche Anfrage der Abgeordneten Mag. Dr. Udo Grollitsch und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Kauf und Pacht von Fischereirechten durch die Wasserkraftenergiewirtschaft

L'amiante dans l'environnement de l'homme : ses conséquences et son avenir

France · Senate · 21 October 1997

L'amiante dans l'environnement de l'homme : ses conséquences et son avenir

United States-China Relations Act of 1997

United States · United States Congress · 21 October 1997

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

Asthma Inhaler Regulatory Relief Act

United States · United States Congress · 21 October 1997

Asthma Inhaler Regulatory Relief Act - Prohibits the Environmental Protection Agency and the Food and Drug Administration from prohibiting the manufacture, distribution, or sale of metered-dose inhalers using chlorofluorocarbons unless alternatives are available that, for all user populations, are comparable in safety, effectiveness, therapeutic indications, dosage strength, costs, and retail availability. Mandates withdrawal of a proposed rulemaking and prohibits issuing any other proposal until after a specified meeting and extensive consultations with stakeholders. Requires, after that meeting: (1) a new proposed rulemaking setting forth the initial strategy for facilitating the U.S. transition to metered-dose inhalers that do not use chlorofluorocarbons; and (2) submission of the strategy to the Montreal Protocol Secretariat to fulfill U.S. obligations under a specified Protocol decision.

Amended proposal for a European Parliament and Council Directive on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (replacing European Parliament and Council Directive 95/62/EC)

European Union · European Commission · 20 October 1997

Opinion of the Commission pursuant to Article 189B(2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a European Parliament and Council Directive on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (replacing European Parliament and Council Directive 95/62/EC)

European Union · European Commission · 20 October 1997

Communication from the Commission to the Council, the European Parliament, the economic and social Committee and the Committee of the regions - Strategy and policy orientations with regard to the Further development of mobile and wireless communications (UMTS) - Out come of the public consultation and proposals for creating a favourable environment

European Union · European Commission · 15 October 1997

188 Ms Clune asked the Minister for the Environment and Local Government the proposals, if any, he has to increase public participation in the planning process.

Ireland · Dáil Éireann · 14 October 1997

188 Ms Clune asked the Minister for the Environment and Local Government the proposals, if any, he has to increase public participation in the planning process.

15 Mr. Deasy asked the Minister for the Environment and Local Government his views on the number of errors in the electoral register which may amount to several thousand in any given constituency; and if he will appoint full-time numerators in an effort to compile registers in a much more professional and accurate manner. [16318/97]

Ireland · Dáil Éireann · 14 October 1997

15 Mr. Deasy asked the Minister for the Environment and Local Government his views on the number of errors in the electoral register which may amount to several thousand in any given constituency; and if he will appoint full-time numerators in an effort to compile registers in a much more professional and accurate manner. [16318/97]

14 Mr. R. Bruton asked the Minister for the Environment and Local Government if he will revise the income limit for the shared ownership scheme in view of the fact that earners with an income in excess of £14,000 are not in a position to raise a loan of a sufficient size from a building society or bank to purchase a house in Dublin at current prices. [16102/97]

Ireland · Dáil Éireann · 14 October 1997

14 Mr. R. Bruton asked the Minister for the Environment and Local Government if he will revise the income limit for the shared ownership scheme in view of the fact that earners with an income in excess of £14,000 are not in a position to raise a loan of a sufficient size from a building society or bank to purchase a house in Dublin at current prices. [16102/97]

188 Ms Clune asked the Minister for the Environment and Local Government the proposals, if any, he has to increase public participation in the planning process.

Ireland · Dáil Éireann · 14 October 1997

188 Ms Clune asked the Minister for the Environment and Local Government the proposals, if any, he has to increase public participation in the planning process.

13 Mr. Rabbitte asked the Minister for the Environment and Local Government when the complete review of the planning laws will be completed; if, pending the completion of the review, he intends to issue any advice to local authority members as to the way in which they should deal with issues such as rezonings; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 14 October 1997

13 Mr. Rabbitte asked the Minister for the Environment and Local Government when the complete review of the planning laws will be completed; if, pending the completion of the review, he intends to issue any advice to local authority members as to the way in which they should deal with issues such as rezonings; and if he will make a statement on the matter.

12 Mr. Allen asked the Minister for the Environment and Local Government if he has received a submission from Cork Corporation for funding to construct a ring-road linking the north west of Cork City to the south west, thereby eliminating the heavy traffic on the Commons Road, Gerald Griffin Street, Shandon Street, Blarney Street, Shanakiel, Sunday's Well, Gurranabraher, Churchfield, Farranree, Harbour View Road and Knocknaheeny with sliproads off the estates; and the plans and costings, if any, which have been submitted on this matter. [16094/97]

Ireland · Dáil Éireann · 14 October 1997

12 Mr. Allen asked the Minister for the Environment and Local Government if he has received a submission from Cork Corporation for funding to construct a ring-road linking the north west of Cork City to the south west, thereby eliminating the heavy traffic on the Commons Road, Gerald Griffin Street, Shandon Street, Blarney Street, Shanakiel, Sunday's Well, Gurranabraher, Churchfield, Farranree, Harbour View Road and Knocknaheeny with sliproads off the estates; and the plans and costings, if any, which have been submitted on this matter. [16094/97]

11 Mr. Quinn asked the Minister for the Environment and Local Government the action, if any, he proposes to take to implement the Strategic Review of the Construction Industry, published in April 1997. [16285/97]

Ireland · Dáil Éireann · 14 October 1997

11 Mr. Quinn asked the Minister for the Environment and Local Government the action, if any, he proposes to take to implement the Strategic Review of the Construction Industry, published in April 1997. [16285/97]

10 Ms Clune asked the Minister for the Environment and Local Government the action, if any, he proposes to take to ensure that individuals, companies and State agencies achieve the specified recycling targets provided for in the Waste Management Act, 1996; and if he will make a statement on the matter. [16310/97]

Ireland · Dáil Éireann · 14 October 1997

10 Ms Clune asked the Minister for the Environment and Local Government the action, if any, he proposes to take to ensure that individuals, companies and State agencies achieve the specified recycling targets provided for in the Waste Management Act, 1996; and if he will make a statement on the matter. [16310/97]

9 Mr. Howlin asked the Minister for the Environment and Local Government the plans, if any, he has to amend the Electoral Act, 1997. [16428/97]

Ireland · Dáil Éireann · 14 October 1997

9 Mr. Howlin asked the Minister for the Environment and Local Government the plans, if any, he has to amend the Electoral Act, 1997. [16428/97]

8 Mr. Hayes asked the Minister for the Environment and Local Government if he will make a statement on the recent establishment of the expert consultancy group to investigate the rise in house prices; and the method of investigation and the timeframe involved in reporting to him on the matter. [16426/97]

Ireland · Dáil Éireann · 14 October 1997

8 Mr. Hayes asked the Minister for the Environment and Local Government if he will make a statement on the recent establishment of the expert consultancy group to investigate the rise in house prices; and the method of investigation and the timeframe involved in reporting to him on the matter. [16426/97]