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Regulation· RechtsverordnungBMinUWidAnOenacted
Germany · Federal statute portal · 19 October 1999
Abkürzung: BMinUWidAnO · Status: InForce · eli/bund/bgbl-1/1999/s2143
Bill· HRH.R. 3093 (106th)referred
United States · United States Congress · 18 October 1999
Amends the Solid Waste Disposal Act to prohibit the issuance of a permit for hazardous waste treatment, storage, or disposal for any hazardous waste facility to be located in a flood plain if such facility is a major facility (as defined by the Environmental Protection Agency (EPA)). Directs the EPA Administrator to study and report to Congress on the 100-year flood criteria contained in regulations under such Act regarding the location of such facilities. Requires the study to investigate whether such criteria are adequate to protect human health and the environment from the release of hazardous waste due to flooding at such facilities. Requires certain standards for hazardous waste generators with respect to labeling practices for hazardous waste containers to insure that information labels will remain in place and be visible during transportation and storage in the event of flood or other natural disaster. Amends the Superfund Amendments and Reauthorization Act of 1986 to require location information on certain emergency and hazardous chemical inventory forms to include a statement of whether or not the hazardous chemicals are located in a flood plain area.
Bill· SS. 1731 (106th)open
United States · United States Congress · 14 October 1999
Amends the Clean Air Act to require the submission of a certain report on atmospheric deposition of hazardous pollutants on the Great Lakes, the Chesapeake Bay, Lake Champlain, and coastal waters to Congress, notwithstanding a Federal law which eliminates such reporting requirement.
Bill· SS. 1730 (106th)open
United States · United States Congress · 14 October 1999
Amends the Federal Water Pollution Control Act to require the submission of certain reports regarding water quality and cost estimates of carrying out such Act to Congress, notwithstanding a Federal law which eliminates such reporting requirements.
Bill· HRH.R. 3081 (106th)open
United States · United States Congress · 14 October 1999
Wage and Employment Growth Act of 1999 - Title I: Amendments to Fair Labor Standards Act of 1938 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently, $5.15 per hour) to: (1) $5.48 an hour during the year beginning on April 1, 2000; (2) $5.81 an hour during the year beginning on April 1, 2001; and (3) $6.15 an hour during the year beginning on April 1, 2002. (Sec. 101) Repeals the exclusion from (thus includes in) the meaning of regular rate of remuneration any sums paid as gifts, or in the nature of gifts made at Christmas time or on other special occasions (bonuses). (Sec. 102) Exempts from minimum wage and overtime requirements: (1) certain network or database analysts, designers, and developers, including any whose primary duty is the management or training of employees performing specified duties related to computer systems or software design, or development; (2) certain sales employees with specialized or technical product or service knowledge and a detailed understanding of customer needs, who earn at least one-and-a-half times the minimum wage, plus commissions, and meet other specified requirements; and (3) licensed funeral directors and embalmers. Title II: Small Business Provisions - Amends the Internal Revenue Code (the Code) to increase a self-employed individual's deduction for the health insurance costs of self and family to 100 percent. Denies such deduction only for any month the individual actually participates in an employer-subsidized health plan (currently, for any month the individual is eligible to participate). (Sec. 202) Increases to $30,000 the aggregate cost taken into account for the option to expense certain depreciable business assets of small businesses. (Sec. 203) Increases from 50 percent to: (1) 55 percent in 2001 and after 2001 to 60 percent the deduction for meal and entertainment expenses for small businesses; and (2) 80 percent the deduction of business meal expenses for individuals subject to Federal limitations on hours of service. (Sec. 205) Repeals specified occupational taxes relating to distilled spirits, wine, and beer. Revises the record-keeping requirements for wholesale and retail liquor dealers. Makes it unlawful for any liquor dealer (except one selling beer exclusively) to purchase distilled spirits from any person but a wholesale liquor dealer (excluding a wholesale dealer exclusively in beer) subject to specified record-keeping requirements. Title III: Pension Provisions - Subtitle A: Expanding Coverage - Increases limits on benefits and contributions under qualified pension plans. (Sec. 302) Amends the Code and the Employee Retirement Income Security Act of 1974 (ERISA) with regard to the tax on prohibited transactions, and in particular certain transactions involving trusts which are part of an owner-employee plan, and which are not exempted from the tax. Limits the meaning of owner-employee, with respect to any non-exempt loan of any part of the corpus or income of a plan to an owner-employee or family member (subchapter S owner, partner, or sole proprietor), to: (1) a participant or beneficiary of an individual retirement plan; or (2) an employer or association of employees which establishes such a plan. (Sec. 303) Modifies top-heavy rules. Redefines certain key employees to: (1) eliminate the ten employees each of whom earns over $30,000 per year and owns the largest interests in the employer; and (2) include an officer of the employer earning more than $150,000 per year. Provides that employer matching contributions shall be taken into account for minimum contribution requirements. Declares that aggregate distributions during the last year (or, for in-service distributions, during the past five years) shall be taken into account when determining: (1) the present value of the cumulated accrued benefit for any employee; or (2) the amount of any employee's account. Excludes from the meaning of top-heavy plan any plan which consists solely of: (1) a cash or deferred arrangement using certain alternative methods of meeting nondiscrimination requirements; and (2) matching contributions which meet certain requirements of a specified additional alternative method of satisfying nondiscrimination tests. Exempts from the minimum benefit requirement, and determination of any employee's years of service with an employer, any service with an employer occurring during a plan year when the plan benefits no current or former employee (frozen plan). Declares that, with respect to top-heavy plans, determination of constructive stock ownership by a five-percent owner shall disregard family attribution requirements. (Sec. 304) Exempts elective deferrals of employer contributions not includable in an employee's gross income from specified limitations on an employer's deductions for such contributions to an employees' trust or annuity plan and compensation under a deferred payment plan. (Sec. 305) Repeals coordination requirements for deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 306) Eliminates the user fee for requests to the Internal Revenue Service (IRS) for determination letters with respect to the qualified status of any pension plan maintained solely by one or more eligible employers or any trust which is a part of the plan. (Sec. 307) Subjects participant's compensation to specified limits on deductions for employer contributions. (Sec. 308) Establishes an option to treat employee elective deferrals as qualified plus contributions (which shall not, however, be excludable from gross income). (Sec. 309) Amends ERISA to set the Pension Benefit Guaranty Corporation (PBGC) insurance premium rate at $5 for each individual plan participant in the case of a new single-employer plan maintained by a small employer. (Sec. 310) Provides for reductions of additional PBGC premiums for new and small plans. Subtitle B: Enhancing Fairness for Women - Amends the Code to allow eligible participants age 50 or over to make additional elective deferrals (catch-up contributions) in any plan year according to a schedule of percentage increments (from ten percent to 50 percent) between 2001 and 2005 and thereafter. (Sec. 322) Increases from 25 percent to 100 percent of compensation (up to $30,000) the maximum allowable annual addition to a participant's plan account. (Sec. 323) Provides for faster vesting of certain employer matching contributions. (Sec. 324) Directs the Secretary of the Treasury (Secretary) to simplify and finalize the regulations relating to specified minimum distribution requirements, and modify them to: (1) reflect current life expectancy; and (2) revise the required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. (Sec. 325) Amends the Code to provide for distribution or payment (division of benefits) from an eligible deferred compensation plan upon divorce. (Sec. 326) Directs the Secretary to revise the hardship distribution regulations to provide that six months is the period an employee is prohibited from making elective and employee contributions in order for a distribution to be deemed necessary to satisfy financial need (safe harbor relief for hardship withdrawals from cash or deferred arrangements). Subtitle C: Increasing Portability for Participants - Amends the Code to provide for rollovers among various specified kinds of plans. Revises the requirements for tax-exempt rollovers of individual retirement accounts (IRAs) into eligible (workplace) retirement plans. (Sec. 333) Exempts from certain limitations on the amount of a tax-exempt rollover from an exempt trust: (1) any portion of a distribution transferred in a direct trustee-to-trustee transfer to a qualified trust in a defined contribution plan, which is also separately accounted for; and (2) any portion transferred to an eligible retirement plan. (Sec. 334) Provides a hardship exception to the requirement that a tax-exempt rollover be made within 60 days after distribution. (Sec. 335) Amends the Code and ERISA to revise the treatment of a plan as failing to meet minimum vesting standards if a participant's accrued benefit is decreased by amendment of the plan. Declares that a defined contribution plan shall not be treated as failing to meet such requirements merely because the transferee plan does not provide some or all of the forms of distribution previously available under another defined contribution plan in specified circumstances. (Sec. 336) Revises certain restrictions on distributions from qualified cash or deferred arrangements. Eliminates a corporation's disposition of assets or of an interest in a subsidiary as events for which lump-sum distributions are covered (while retaining termination of a plan as a covered event). Changes separation from service to severance from employment as a threshold event for the covered distribution of amounts from a qualified cash or deferred arrangement. (Sec. 337) Excludes from gross income any amount transferred to a defined benefit governmental plan in a direct trustee-to-trustee transfer if it is for: (1) purchase of a permissive service credit; or (2) a repayment of cash-outs to which certain limitations on contributions do not apply. (Sec. 338) Amends the Code and ERISA with respect to restrictions on certain mandatory distributions to allow employers to disregard rollover contributions when determining the present value of nonforfeitable accrued benefits for cash-out purposes. (Sec. 339) Amends the Code, with respect to deferred compensation plans of State and local governments and tax-exempt organizations, to repeal certain additional minimum distribution requirements. Revises requirements for inclusion of deferred compensation in a participant's gross income to limit the taxable year: (1) to the taxable year in which the compensation or income is paid to the participant in the case of a State or local government; and (2) to the taxable year in which the compensation or income is paid or otherwise made available to the participant or other beneficiary in the case of a tax-exempt organization. Subtitle D: Strengthening Pension Security and Enforcement - Amends the Code and ERISA, with respect to the full-funding limitation, to repeal the 155 percent of current liability funding limit in the case of plan years beginning in 1999 or 2000. Sets the applicable percentage of current liability at 160 percent in 2001, 165 percent in 2002, 170 percent in 2003, and nothing afterwards. (Sec. 342) Revises the special rule for an employer's maximum deductible contribution to change the minimum amount, for plans with more than 100 participants, from the unfunded current liability to the unfunded termination liability. Excludes from termination liability, for plans with under 100 participants, any liability attributable to benefit increases for highly compensated employees resulting from a plan amendment made or effective within the last two years before the termination date. (Sec. 343) Amends ERISA with respect to transfer to the PBGC of a missing participant's benefits upon termination of a single-employer plan. Requires the PBGC to prescribe for ipmultiemployer plans missing participant benefit transfer rules similar to those for single-employer plans. Authorizes the plan administrator of a pension plan not otherwise subject to ERISA to elect to transfer to the PBGC a missing participant's benefits upon plan termination. (Sec. 344) Revises the requirements for periodic pension benefits statements. (Sec. 345) Changes from mandatory to discretionary the Secretary of Labor's authority to assess civil penalties against fiduciaries or other persons. Changes the penalty amount from 20 percent of the applicable recovery amount to any amount up to 20 percent of the applicable recovery amount. Revises the meaning of applicable recovery amount. Makes a person jointly and severally liable for the penalty to the same extent that such person is jointly and severally liable for the applicable recovery amount on which the penalty is based. Conditions the assessment of any penalty upon notice to the person and the opportunity for a hearing on the violation and the applicable recovery amount. (Sec. 346) Amends the Code with respect to the excise tax on nondeductible contributions to a qualified employer plan. Allows an employer, in determining the amount of nondeductible contributions, to elect not to take into account any contributions to a defined benefit plan except to the extent they exceed the full-funding limitation. (Sec. 347) Establishes an excise tax (of $100 per applicable individual per day) on a defined benefit plan for failing to give notice to participants of any plan amendment providing for a significant reduction in the rate of future benefit accrual. (Sec. 348) Amends the Taxpayer Relief Act of 1997 with respect to certain limitations on investment in employer securities and employer real property by cash or deferred arrangements. Exempts from such limitations any elective deferral invested in assets consisting of qualifying employer securities, qualifying employer real property, or both, if such assets were acquired before January 1, 1999. (Sec. 350) Amends ERISA to require the convening of a National Summit on Retirement Income Savings at the White House in September 2009. Authorizes the Secretary of Labor to enter into a cooperative agreement with the American Savings Education Council with respect to the planning and operation of such Summit. Revises and adds to the list of required participants in the Summit. Repeals the limitation of additional Summit participants to 200. Provides for presidential appointment of over 100 participants, according to specified rules. Grants the Secretary of Labor reception and representation authority limited specifically to Summit events. (Sec. 351) Directs the Secretary of Labor to develop model language for: (1) the spousal consent required to waive the qualified joint and survivor annuity benefit or qualified preretirement survivor annuity benefit; and (2) a qualified domestic relations order with regard to alternate payees. (Sec. 352) Bars the Secretary of Labor, in certain circumstances (except when the Secretary files a complaint before final court approval of a settlement), from litigating class action or derivative action claims already resolved by a court-approved settlement agreement. Subtitle E: Reducing Regulatory Burdens - Amends the Code and ERISA, with respect to annual valuation of a plan's liability, to require actual valuation only once every three years of a plan whose assets are at least 125 percent of its current liability. Permits use of prior year valuations for any two consecutive plan years, so long as an actual valuation takes place in the third year. (Sec. 362) Amends the Code to allow the reinvestment in qualifying employer securities of any employee stock ownership plan dividend paid by a C corporation, without loss of the corporation's deduction from gross income. (Sec. 363) Amend the Tax Reform Act of 1986 to repeal the transition rule relating to certain highly compensated employees. (Sec. 364) Directs the Secretary to modify Treasury Regulations to provide that employees of tax-exempt organizations who are eligible to make contributions under a salary reduction agreement may be treated as excludable from a 401 (k) plan or 401 (m) plan if: (1) no such employee is eligible to participate in such 401(k) plan or 401(m) plan; and (2) 95 percent of other employees are eligible to participate in such a plan. (Sec. 365) Amends the Code to make a fringe benefit exclusion from gross income of any qualified retirement planning services provided to an employee and his spouse by an employer maintaining a qualified employer plan. (Sec. 366) Directs the Secretary to modify the annual return filing requirements for one-participant retirement plans (covering only the employer and spouse where the employer owns the entire business, or only one or more partners and spouses in a business partnership) to ensure that any plans with assets of $250,000 or less as of the close of the plan year need not file a return for that year. (Sec. 367) Directs the Secretary of the Treasury to continue to update and improve the Employee Plans Compliance Resolution System (or any successor program), giving special attention to certain tasks. (Sec. 368) Amends ERISA, with respect to limitations on the guarantee of single-employer plan benefits, to rename a "substantial owner" a "majority owner," who owns either the entire interest in an unincorporated trade or business, or: (1) 50 percent or more (currently more than ten percent) of either the capital interest or the profits interest in a partnership; or (2) 50 percent or more (currently more than ten percent) in value of either the voting stock of a corporation or all its stock. Revises the formula for the amount of benefits guaranteed for a majority owner of a plan which is in effect for less than 60 months when the plan terminates. Prescribes priorities for the allocation of assets to benefits when the assets available for the initial allocation are insufficient to satisfy in full the accrued benefits of all the individuals derived from their contributions. (Sec. 369) Amends the Code to repeal the restriction to situations where vouchers are not available of the exclusion from gross income of cash reimbursements as a qualified transportation fringe. (Sec. 370) Repeals the Secretary is mandate, with respect to the nondiscrimination test for matching contributions and employee contributions, to prescribe regulations to prevent the multiple use of the alternative limitation for any highly compensated employee. (Sec. 371) Directs the Secretary to provide that a plan shall be deemed to satisfy nondiscrimination requirements if it satisfies the facts and circumstances test as in effect before January 1, 1994, but only if: (1) it satisfies conditions prescribed by the Secretary to appropriately limit the availability of such test; and (2) it is submitted to the Secretary for a determination of whether it satisfies such test. Revises minimum coverage requirements to allow a plan that otherwise fails to meet such requirements to constitute a qualified plan if it meets certain requirements that were in effect immediately before enactment of the Tax Reform Act of 1986. (Such requirements stated that the plan must at least benefit employees qualifying under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are officers, shareholders, or highly compensated.) Directs the Secretary to modify certain existing regulations with respect to employers operating separate lines of business to expand the ability of a pension plan to demonstrate compliance with the line of business requirements based upon the facts and circumstances surrounding the design and operation of the plan, even though the plan is unable to satisfy the mechanical tests currently used to determine compliance. (Sec. 372) Amends the Taxpayer Relief Act of 1997 to extend to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local governmental plans. (Sec. 373) Increases from 90 to 180 days certain notice and consent periods regarding distributions. Directs the Secretary to modify certain consent regulations to provide that the description of a participant's right, if any, to defer receipt of a distribution shall also describe the consequences of failing to defer such receipt. (Sec. 374) Amends ERISA to revise the requirement that a plan administrator furnish an annual report to each participant to permit the administrator to furnish such reports only upon each participant's request. (Sec. 375) Revises the definition of excess benefit plan. (Sec. 376) Directs the Secretary of Labor to modify a certain regulation to provide that, except in the case of employment, after commencement of benefit payments, with a former employer, any required benefit suspension notice: (1) may be included in the summary plan description rather than in a separate notice; and (2) need not include a copy of the relevant plan provisions. (Sec. 377) Declares that, for purposes of determining the status under State insurance law of a church plan that is a welfare plan, such church plan (and any trust under it) shall be deemed a single-employer plan that: (1) reimburses costs from general church assets; (2) purchases insurance coverage with general church assets; or (3) both. Defines the term "reimbursing costs from general church assets" to mean engaging in a practice that does not have the effect of transferring or spreading risk. Subtitle F: Plan Amendments - Presribes application requirements for plan or contract amendments. Title IV: Extension of Work Opportunity Credit and Welfare-to-Work Credit - Amends the Code to extend from June 30, 1999, through December 31, 2001, the employer's work opportunity credit and welfare-to-work credit. (Sec. 401) Revises the exclusion from the work opportunity credit of wages paid to an employer's nonqualifying rehires to repeal the restriction of such exclusion to individuals previously employed by the employer at any time during which the individual was not a member of a targeted group (thus extending such exclusion to any individuals previously employed by the employer, regardless of whether they were or were not members of a targeted group.) Title V: Estate Tax Relief - Subtitle A: Reductions of Estate and Gift Tax Rates - Amends the Code to repeal the two highest estate tax brackets and replace them with a top bracket of "Over $2,500,000", for which the estate tax rate shall be $1,025,800, plus 50% of the excess over $2,500,000. Repeals the phase out of graduated rates and the unified credit. Requires additional reductions in estate and gift tax rates of one percent for calendar year 2003 and two percent for calendar year 2004 and thereafter. Subtitle B: Unified Credit Replaced With Unified Exemption Amount - Repeals the unified credits against the estate and gift taxes, and replaces them with a unified exemption amount, determined by specified formulae involving amounts ranging from $675,000 in calendar 2001 up to $1 million in calendar 2006 and thereafter. Grants a $60,000 exemption to the estate of a nonresident, non-U.S. citizen, with specified variations for residents of U.S. possessions. Subtitle C: Modifications of Generation-skipping Transfer Tax - Declares that, if any individual makes an indirect skip during such individual's lifetime, any unused portion of such individual's generation-skipping transfer (GST) exemption shall be allocated to the property transferred to the extent necessary to make the inclusion ratio for such property zero. Requires allocation to the property transferred of the entire unused portion if the amount of the indirect skip exceeds such unused portion. (Sec. 522) Declares that, if a trust is severed in a qualified severance, the trusts resulting from such severance shall be treated as separate trusts thereafter. (Sec. 523) Revises valuation rules for gifts for which a gift tax return was filed or deemed allocation made. Provides that, if an allocation of the GST exemption to any transfers of property is deemed to have been made at the close of an estate tax inclusion period, the value of the property shall be its value at such time. (Sec. 524) Directs the Secretary to prescribe circumstances and procedures under which extensions of time will be granted to make an allocation of GST exemption or an election not to apply specified allocation requirements to certain lifetime direct skips, indirect skips, or transfers to a particular trust. Subtitle D: Conservation Easements - Redefines land subject to a qualified conservation easement to mean land, on the decedent's date of death, located in or within: (1) 50 miles (currently, 25 miles) of a metropolitan area; (2) 50 miles (currently, 25 miles) of a national park or wilderness area.; or (3) 25 miles (currently, ten miles) of an Urban National Forest. Title VI: Tax Relief for Distressed Communities and Industries - Subtitle A: American Community Renewal Act of 1999 - American Community Renewal Act of 1999 - Title I: Designation of and Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 15 renewal communities, of which at least three shall be in rural areas. (Sec. 602) Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax deduction; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 605) Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Subtitle B: Timber Incentives - Amends the Code, with respect to the deductible amortization of reforestation expenditures, to increase the limitation on the aggregate amount of amortizable basis acquired during the taxable year from $10,000 to $25,000 (and from $5,000 to $12,5000 in the case of a separate return by a married individual) but suspends the application of such limitation between December 31, 1999 and January 1, 2004. Title VII: Real Estate Provisions - Subtitle A: Improvements in Low-Income Housing Credit - Amends the Code, with respect to the low-income housing credit, to revise the formula for the State housing credit ceiling. Replaces the set multiplicand of $1.25 (to be multiplied by the State population) with a graduated applicable multiplicand rising from $1.35 for calendar year 2000 to $1.75 for calendar year 2004 and thereafter, and a maximum product of $2 million. Provides for cost-of-living adjustments to the State ceiling. (Sec. 702) Revises the housing priority selection criteria a housing credit agency must use to develop a qualified plan for allocating housing credit dollar amounts among projects. Requires such criteria to include: (1) whether the project would use exisitng housing as part of a community revitalization plan; (2) tenant populations of individuals with children; and (3) projects intended for eventual tenant ownership. Drops from such criteria participation of local tax-exempt organizations. Requires a qualified allocation plan to: (1) give preference in making allocations to projects located in qualified census tracts whose development contributes to a concerted community revitalization plan; and (2) provide a procedure for agency monitoring for noncompliance with habitability standards through regular site visits. (Sec. 703) Requires housing credit agencies to: (1) provide for a comprehensive market study (by a disinterested party, at the developer's expense) of the housing needs of low-income individuals in the area to be served by the project before the credit allocation is made; and (2) make public a written explanation for any allocation of a housing credit dollar amount not made in accordance with the agency's established priorities and selection criteria. (Sec. 704) Revises special rules for the determination of the adjusted basis of buildings eligible for the low-income housing credit. Requires adjusted basis to include property used throughout the taxable year in providing any community service facility designed to serve primarily individuals (even if they are not tenants) whose income is 60 percent or less of area median income. Declares that assistance under the Native American Housing Assistance and Self-Determination Act of 1996 shall be disregarded in determining whether a building is federally subsidized for purposes of the low-income housing credit. (Sec. 705) Revises the definition of a qualified building (placed in service not later than the second calendar year following a housing credit dollar amount allocation) with respect to which the amount of a low-income housing credit may exceed the credit amount allocated to the building. Sets an alternative date for valuation of the taxpayer's actual basis in the project of which the building is a part (where the actual basis is more than ten percent of the taxpayer's reasonably expected basis). Allows the valuation of the actual basis to be as of the later of the date which is six months after the date that the allocation was made or (as currently) the close of the calendar year in which the allocation is made. Revises the formula for determination of the amount of State housing credit ceiling returned in a calendar year to include the dollar amount previously allocated to a project which fails to meet the ten percent test on a date after the close of the calendar year in which the allocation was made. Revises special rules for the increased basis of a building located in certain high cost areas to redefine a qualified census tract to include, as an alternative to existing criteria, a tract with a poverty rate of at least 25 percent. (Sec. 706) Revises the formula for determining unused housing credit carryovers allocated among certain States. Subtitle B: Provisions Relating to Real Estate Investment Trusts - Amends the Code with respect the real estate investment trusts (REITs). Modifies the asset diversification test for a REIT to disregard in calculating the permissible 25 percent of total assets represented by securities any straight debt meeting specified requirements. (Sec. 712) Excludes from impermissible tenant service income (thus including as rents from real property meeting the requirements of a REIT) any amount received or accrued by the REIT for services furnished or rendered, or management or operation provided, through a taxable REIT subsidiary. Sets forth a special rule including in rents from real property, if specified rental and lodging facility requirements are met, any amounts paid to a REIT by a taxable REIT subsidiary. (Sec. 713) Defines taxable REIT subsidiary. (Sec. 714) Disqualifies for the corporate deduction for interest on indebtedness any interest paid or accrued (directly or indirectly) by a taxable REIT subsidiary to the REIT (earnings stripping). (Sec. 715) Imposes on a REIT a tax equal to 100 percent of redetermined rents, redetermined deductions, and excess interest. (Sec. 721) Sets forth a special foreclosure rule for health care properties acquired by a REIT as the result of the termination of a lease of such property (other than a termination by reason of a default, or the imminence of a default, on the lease). Requires disregard of income derived or received by a REIT from an independent contractor to the extent it is attributable to: (1) any lease of property in effect on the date the REIT acquired the qualified health care property; or (2) any lease of property entered into after such date if a lease of such property from the trust was in effect on such date, and under the terms of the new lease, the REIT receives a substantially similar or lesser benefit in comparison to the first kind of lease. (Sec. 731) Reduces from 95 percent to 90 percent of REIT income and of the excess of the net income from foreclosure property over the tax on foreclosure property specified components of the formula for determination of the amount of dividend deductions which help establish the taxability of REIT income. Reduces from 95 percent to 90 percent of REIT gross income a specified component of the formula for determining the amount of tax imposed on a REIT for failure to meet certain requirements. (Sec. 741) Requires that only persons who own, directly or indirectly, more than five percent of a certain class of stock regularly traded on an established securities market be taken into account as owning any of the stock of such class for purposes of the 35-percent ownership rule determining whether a person is (under 35-percent ownership) or is not (over 35-percent ownership) an independent contractor for purposes of determining rents from real property, and of the special rules for foreclosure property, with respect to REIT taxation. (Sec. 751) Declares that any distribution by a regulated investment company (RIC) made in order to comply with certain tax requirements shall be treated as made from the earliest earnings and profits accumulated in any taxable year to which certain other requirements did not apply (non-RIC year) rather than the most recently accumulated earnings and profits. Subtitle C: Private Activity Bond Volume Cap - Provides for an accelerated phase-in of specified increases in the volume cap on private activity bonds. Subtitle D: Exclusion From Gross Income for Certain Forgiven Mortgage Obligations - Excludes from gross income the discharge of qualified residential indebtedness, that is, the excess (if any) of the outstanding principal amount of such indebtedness (immediately before discharge), over the sum of any sales proceeds and any other outstanding principal indebtedness secured by such property. Title VIII: Miscellaneous Provisions - Amends the Code with respect to the credit for expenditures to provide access to disabled individuals to include in such credit 50 percent of so much of the eligible bus access expenditures for the taxable year with respect to each eligible bus as exceed $250 but do not exceed $30,250. (Sec. 802) Excludes from an employee's gross income as a scholarship up to $2,000 per taxable year of certain educational benefits provided by an employer to the employee's child. (Sec. 803) Allows a tax credit for 20 percent (up to $20,000) of the qualified wages paid or incurred to each qualified employee during the calendar year (ending with or within the taxable year) by each qualified U.S. independent film and television production.
Bill· HRH.R. 3085 (106th)referred
United States · United States Congress · 14 October 1999
Discretionary Spending Offsets Act for Fiscal Year 2000 - Title I: Offsets for Discretionary Spending - Subtitle A: Agriculture - Part I: Food Safety Inspection and Enforcement Fees - Amends the Poultry Products Inspection Act to direct the Secretary of Agriculture to charge, with specified exceptions, user fees for poultry and poultry products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at poultry establishments.) (Sec. 111) Revises authorization of appropriation provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Includes fee setting activities within annual reporting requirements. (Sec. 112) Amends the Federal Meat Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for meat, meat products, and livestock inspection and related activities. Revises authorization of appropriations provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Amends the Wholesome Meat Act to include fee setting activities within annual reporting requirements. (Sec. 113) Amends the Egg Products Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for egg products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at official plants.) Removes such activities from covered authorizations of appropriations. Amends the Egg Products Inspection Act to include fee setting activities within annual reporting requirements. (Sec. 114) Makes conforming payment-related amendments to specified Acts. Part II: Assessments Under Tobacco Program - Amends the Agricultural Act of 1949 to require (if price supports are in effect) producer, purchaser, and importer tobacco marketing assessments beginning with the 1999 crop year. Sets forth assessment provisions with respect to: (1) allocations between domestic producers and purchasers of domestically produced tobacco; and (2) required annual collections. Part III: Animal and Plant Health Inspection Service Cost-Share Fees - Amends the Federal Plant Pest Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 132) Amends the Plant Quarantine Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 133) Amends the Animal Welfare Act to direct the Secretary to charge, with specified exceptions for registration and licensing, user fees for registration services. Eliminates quarterly authorization of appropriation caps, and excludes user fee-covered activities from such authorization of appropriations. Part IV: Grain Inspection, Packers, and Stockyard Administration Licensing Fee - Amends the United States Grain Standards Act to state that grain standardization fees shall be collected from persons benefitting from such services, including first purchasers, processors, and grain warehousemen. (Sec. 142) Amends the Packers and Stockyards Act, 1921 to establish license and fee requirements for packers, live poultry dealers, stockyard owners, dealers, and market agencies. Part V: Forest Service Fees - Amends the National Forest Management Act of 1976 to direct the Secretary to implement a timber sale preparation user fee pilot program. (Sec. 152) Requires rental fees for commercial filming on National Forestry System lands to be deposited into a special Treasury fund. Authorizes such fund's use for administration and management of special uses on System lands. (Sec. 153) Amends the National Forest Management Act of 1976 to direct the Secretary to charge fair market value user fees for special products (vegetation or other life forms growing on System lands) collected on System lands. (Sec. 154) Amends the Granger-Thye Act to direct the Secretary to: (1) implement a public-private venture demonstration program to evaluate the feasibility of using non-Federal funds to construct, rehabilitate, and operate federally owned visitor facilities on System lands, and to conduct related environmental analyses; and (2) charge concession fees. Authorizes the Secretary to sell existing System facilities to authorized concessionaires. Provides for the allocation of concession fees and facility sales proceeds on a unit and agency-wide basis. (Sec. 155) Directs the Secretary to charge fair market value user fees for non-ski recreation concessions on System lands and waters. Subtitle B: Commerce - Part I: National Oceanic and Atmospheric Administration Navigation Services Fees - Requires the Secretary of Commerce to establish and adjust user fees for any navigation services provided to commercial marine operators. (Sec. 211) Authorizes a limited amount of offsetting collections from such fees to be appropriated for expenses associated with providing such services. Part II: National Oceanic and Atmospheric Administration Fisheries Management Fees - Directs the Secretary to establish and adjust user fees associated with the U.S. fishing industry. (Sec. 221) Authorizes a limited amount of offsetting collections from such fees to be appropriated for management and enforcement costs associated with domestic fisheries. Part III: Analog Television Service Signal Lease Fee - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to assess and collect lease fees for each fiscal year for the use of an analog television service license by commercial television broadcasters. Requires such fees to be used for upgrading Federal, State, and local public safety wireless communications equipment and facilities. Apportions such fees based upon the population covered by a broadcaster's signal. (Sec. 231) Requires collected fees to be deposited as offsetting receipts in the Treasury and authorizes them to be appropriated. Waives, reduces, or defers fees in any specific instance where such action would promote the public interest. Provides for a penalty of 25 percent of the fee amount for late payment. Subtitle C: Education and Labor - Part I: National Directory of New Hires - Amends the Higher Education Act of 1965 (HEA) to provide for data matching with respect to individual cases of defaulted loans and obligations to refund overpayments of grants under title IV (Student Assistance). (Sec. 311) Directs the Secretary of Education (the Secretary for this subtitle) to match such data, through the Secretary of Health and Human Services (HHS), with that in the National Directory of New Hires (NDNH) established under the Social Security Act. Allows the Secretary to seek such information only as necessary to improve such debt collection. Authorizes the Secretary to use such information to: (1) collect such debt owed by individuals whose annualized wage level exceeds $16,000; and (2) conduct analyses of student loan defaults, after removal of personal identifiers. Allows data disclosure only to a guaranty agency holding the loan obligation, a contractor or agent of such agency or of the Secretary, and the Attorney General. Directs the Secretary to reimburse HHS for additional costs involved in such data matching. Authorizes the Secretary to impose fees on guaranty agencies for reasonable costs of obtaining such information. Amends the Social Security Act to direct the Secretary of HHS to exercise such NDNH data matching and disclosure authority in cooperation with that of the Secretary under HEA. Revises the Child Support Performance and Incentive Act of 1998 to make certain penalties for misuse of information applicable to all persons. Part II: Recall of Federal Reserves Held by Guaranty Agencies - Amends HEA title IV to direct the Secretary to recall from the Federal Student Loan Reserve Funds held by guaranty agencies specified minimum amounts in each of FY 2000 through 2004, for deposit in the Treasury. (Sec. 321) Eliminates provisions for guaranty agreements for reimbursing losses. Replaces such provisions with ones for guaranty agreements for paying lenders for default claims. Exempts nonprofit guaranty agencies from the requirements of Fair Debt Collection Practices Act to the extent that they are carrying out due diligence activities required by the Secretary. Authorizes the Secretary to enter into voluntary, flexible agreements with any guaranty agency that had one or more prior agreements with the Secretary. Part III: Employer Tax Credit User Fees - Amends the Internal Revenue Code to establish Work Opportunity Credit (WOC) and Welfare-to-Work Credit (WWC) user fees. (Sec. 331) Authorizes the Secretary of Labor to impose such fees on employers submitting applications for certification of individuals as members of target groups (for WOC) and categories of long-term family assistance recipients (for WWC). Prohibits such fees from being paid, directly or indirectly, by the individual who is the subject of the certification. Bases the amount of such fees on an estimate of what is needed to fully fund administrative costs relating to such certification. Requires a fee for employers with fewer than 100 employees lower than that for employers with 100 or more. Requires such fees to be: (1) collected by designated local agencies; (2) deposited as offsetting receipts in the State Unemployment Insurance and Employment Service Operations account of the Treasury; and (3) available to pay administrative costs relating to such certification. Directs the Secretary of Labor to allocate such funds among the States based on their relative workload in processing the certifications. Makes such fees available for obligation only to the extent and in the amount provided in advance in appropriations acts. Authorizes the fees to be appropriated to remain available until expended. Subtitle D: Natural Resource, Energy, and Environment - Part I: Nuclear Regulatory Commission User Fees and Annual Charges - Amends the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of certain Nuclear Regulatory Commission annual charges through FY 2004. Part II: Federal Insecticide, Fungicide, and Rodenticide Act Fees - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to assess fees from applicants for pesticide registrations, amendments to registrations, and experimental use permits effective October 1, 1999. (Sec. 421) Permits fee reductions or waivers: (1) in connection with applications for an active ingredient that is contained only in pesticides for which registration is sought solely for agricultural or nonagricultural minor uses; or (2) in other instances determined to be in the public interest. Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Part III: Toxic Substances Control Act Fees - Amends the Toxic Substances Control Act to revise provisions regarding fees from persons required to submit data under such Act to remove an upper limit on the amount that may be collected. (Sec. 431) Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Subtitle E: Revenue - Part I: Reinstate Superfund Taxes - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1998, and before January 1, 2010. (Sec. 511) Applies the Hazardous Substance Superfund financing rate after the date of this Act's enactment and before October 1, 2009. Part II: Tobacco Excise Taxes - Increases the excise taxes on tobacco products. (Sec. 522) Exempts, during 1999, from the requirement to deposit taxes persons required to make deposits with respect to alcohol and tobacco products. Part III: Customs Access Fee - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985, with respect to customs fees, to direct the Secretary of the Treasury to charge and collect for the provision of customs services (in addition to the current fees) a fee for the use of any automated system of the Customs Service for processing commercial operations based on the volume of usage of the system. Requires publication of the fee. Exempts Federal agencies from such fee. Requires the issuance of bills on a monthly basis for such fee. Part IV: Customs Air and Sea Passenger Processing Fee Amendments - Increases the $5.00 passenger arrival fee to $6.40 and declares certain exemptions (which include Mexico, Canada, and U.S. territories and possessions) from such fees inapplicable. Part V: Harbor Services User Fee - Directs the Secretary of the Army to impose specified fees on the owners or operators of commercial vessels for services provided for the use of ports. Sets forth exemptions. (Sec. 552) Establishes a United States Harbor Services Fund into which the section 551 fees shall be deposited. Authorizes Fund expenditures for harbor development, operations, and maintenance costs. Subtitle F: Human Services - Part I: Social Security Administration Claimant Representative Fees - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to direct the Commissioner of the Social Security Administration to impose on attorneys owed a fee from a claimant's past-due benefits an assessment, determined according to a specified formula, for crediting to the OASDI trust funds. Authorizes appropriations. Part II: Temporary Assistance For Needy Families Amendments -Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to limit the amount of the FY 2000 State TANF supplemental grant for population increases in certain States to the amount of such grant for FY 1999. Part III: Temporary Assistance For Needy Families Contingency Fund - Amends SSA title IV part A with respect to the Contingency Fund for State Welfare Programs to provide for: (1) removal of the limit on the amount of deposits into the Contingency Fund; (2) State flexibility for Contingency Fund grants; and (3) revision of annual reconciliation requirements, in particular repealing the adjustment of State remittances for FY 2000 and 2001 that was enacted in the Adoption and Safe Families Act of 1997. Subtitle G: Health Care - Part I: Medicare Savers - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) a reduction in the clinical diagnostic laboratory test cap from 74 to 72 percent; (2) establishment of a national limit on payment for prosthetics and for orthotics; (3) a reduction in Medicare payment for hospital bad debts and extension of such bad debt payment limitation to other relevant facilities and services providers; (4) a freeze, for FY 2000, in the applicable percentage increase used in determining Medicare payment to hospitals for inpatient hospital services; (5) a payment amount under Medicare part B (Supplementary Medical Insurance) for a covered drug or biological not payable on a cost or prospective payment basis that is set at 83 percent of the average wholesale price for 2000 and each subsequent year; (6) reduced payment for erythropoietin provided during 2000 under Medicare coverage of certain items and services for end stage renal disease patients; (7) a prohibition on the furnishing of partial hospitalization services in residential services; (8) additional specified requirements for community mental health centers; (9) information requirements pertaining to group health plans under Medicare secondary payer provisions; and (10) Centers of Excellence for furnishing services related to surgical procedures and for furnishing other unrelated services as appropriate to hospital inpatients. (Sec. 714) Amends the Omnibus Budget Reconciliation Act of 1987 to repeal the moratorium on bad debt policy with respect to Medicare hospital services. (Sec. 719A) Provides that not more than $1.1 million of the savings for FY 2000 resulting from enactment of this part may be treated as negative discretionary budget authority and outlays for such fiscal year. Part II: Food and Drug Administration User Fees - Subpart A: Medical Device Fees - Medical Device Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) direct the Secretary of Health and Human Services to assess and collect various specified medical device application and supplement, establishment registration, and periodic premarket application report fees (except from small businesses) to be used for the review of device applications; (2) authorize appropriations; and (3) treat certain unpaid fees as a Federal claim for collection purposes. Subpart B: Fees to Support Costs of Review of Food and Color Additive Petitions - Food and Color Additive Petition Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food and color additive petition and producer registration fees; (2) require registration of food ingredient and color additive producers; and (3) make miscellaneous amendments relating to the food and color additive petition review process, including allowing access to outside experts during the review process. Subpart C: Food Contact Substance Notification Fees - Food Contact Substance Notification Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food contact substance notification fees; and (2) make a miscellaneous amendment relating to the food contact substance notification process. Part III: Health Care Financing Administration User Fees - Amends SSA title XVIII to: (1) revise the limitation on the amount of fees the Secretary may collect from a Medicare+Choice organization with a contract under SSA title XVIII part C (Medicare+Choice) for enrollment-related costs; (2) direct the Secretary to impose fees for initial Medicare+Choice contract issuance and for renewal of such contracts and ongoing monitoring of Medicare+Choice organization operations; (3) exempt from such mandate entities subject to the requirements of the Clinical Laboratory Improvement Amendments of 1988; (4) modify provisions on the use of State agencies to determine compliance by service providers with conditions of participation with regard to State agreements; (5) add registration procedures and fees provisions under provisions on agreements with providers of services under Medicare; and (6) subject certain claims under Medicare part A (Hospital Insurance) and B to a specified processing fee for transfer to the Health Care Financing Administration Program Management Account. (Sec. 737) Amends the Balanced Budget Act of 1997 to repeal provisions on selection of regional laboratory carriers. Subtitle H: Transportation - Part 1: Federal Aviation Administration Cost-Based User Fees - Amends Federal aviation law to require the Federal Aviation Administration (FAA) Administrator to establish a schedule of new fees (until a permanent schedule is adopted) for the provision of air traffic control services to an air carrier, a commercial air carrier (for compensation or hire), or a foreign air carrier. Provides for the reduction of aviation excise taxes to be credited to the Airport and Airway Trust Fund if such taxes and receipts from fees exceed for FY 2000 the FAA budgetary requirements for FY 2001. (Sec. 811) Provides for the adjustment of certain aviation excise taxes credited to the Trust Fund. Part II: Coast Guard Vessel Navigation Assistance Fee - Amends Federal shipping law to authorize the Secretary of the department in which the Coast Guard is operating to establish annual fees to recover a portion of the costs of navigation services provided by the Coast Guard to commercial vessels. Authorizes appropriations to the Secretary out of the collection of such fees. Part III: Hazardous Materials Transportation Safety Fees - Amends Federal transportation law to change from discretionary to mandatory the Secretary of Transportation's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous material in order to pay for the costs of processing such statements. Makes the annual fee to be paid by each person required to file a registration statement a flat $500 (currently, at least $250 but no more than $5,000). Requires the Secretary of Transportation to publish a fee schedule at the beginning of each fiscal year. Declares that registration requirements shall not apply to Indian tribes. Part IV: Commercial Accident Investigation Fees - Authorizes the U.S. Government to collect a fee for service to offset, on an annual basis, the costs of investigation by the National Transportation Safety Board (NTSB) of commercial transportation accidents involving air, ocean, and rail carriers. Part V: Surface Transportation Board User Fees - Authorizes appropriations for the Surface Transportation Board, to be derived from fees collected during the fiscal year. Authorizes the Board to assess and collect user fees and annual charges in each fiscal year equal to its costs for such year. Part VI: Rail Safety User Fees - Changes from mandatory to discretionary the authority of the Secretary of Transportation to impose fees on railroad carriers to cover the costs to promote rail safety and Federal Railroad Administration activities related to hazardous material transportation safety. Title II: Budget Provisions - Requires the Director of the Office of Management and Budget, upon enactment of this Act, to: (1) reduce any balances of direct spending and receipts legislation for FY 2000 to zero under pay-as-you-go enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act); and (2) treat the amount of any balances so reduced as negative discretionary budget authority and outlays for FY 2000 under discretionary spending limit enforcement provisions of such Act.
Law· projet de loi2001-81enacted
France · Senate · 13 October 1999
Law· projet de loi2001-86enacted
France · Senate · 13 October 1999
Law· projet de loi2001-80enacted
France · Senate · 13 October 1999
Law· projet de loi2001-85enacted
France · Senate · 13 October 1999
Bill· HRH.R. 3064 (106th)passed
United States · United States Congress · 13 October 1999
TABLE OF CONTENTS: Title I: Fiscal Year 2000 Appropriations Title II: Tax Reduction District of Columbia Appropriations Act, 2000 - Title I: Fiscal Year 2000 Appropriations - Makes appropriations for the District of Columbia for FY 2000, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for incentives for adoption of children; (3) to the Citizen Complaint Review Board; (4) to the Department of Human Services; (5) to the District of Columbia Corrections Trustee Operations; (6) to the District of Columbia Courts; (7) for Defender Services in District of Columbia Courts; (9) to the Court Services and Offender Supervision Agency for the District of Columbia; (10) to the Children's National Medical Center; and (11) for the Metropolitan Police Department. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) receivership programs; (8) workforce investments; (9) a reserve to be established by the Chief Financial Officer of the District and the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Authority itself; (11) repayment of certain loans and interest; (12) repayment of General Fund Recovery Debt; (13) payment of interest on short-term borrowing; (14) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; and (15) optical and dental insurance payments. Directs the Chief Financial Officer to: (1) finance projects totaling $20 million in local funds (Productivity Bank) that result in cost savings or additional revenues by an amount equal to such financing; (2) make reductions totaling $20 million in local funds to be allocated to projects funded through the Productivity Bank that produce such cost savings or additional revenues; and (3) make reductions of specified amounts for general supply schedule savings and for management reform savings, in local funds to one or more of the appropriation headings in this Act. Requires quarterly reports by the Mayor on such financial activities to specified congressional committees. Appropriates specified sums for: (1) the Water and Sewer Authority and the Washington Aqueduct; (2) the Lottery and Charitable Games Enterprise Fund; (3) the Sports and Entertainment Commission; (4) the D.C. Health and Hospitals Public Benefit Corporation; (5) the D.C. Retirement Board; (6) the Correctional Industries Fund; (7) the Washington Convention Center Enterprise Fund; and (8) capital outlay (including rescissions). Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 1999. (Sec. 130) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 131) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples. (Sec. 142) Requires recipients of funds under this Act to comply with the Buy American Act. Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made. (Sec. 147) Prohibits the use of funds contained in this Act to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio. (Sec. 149) Requires the Chief Financial Officer, by November 1, 1999, or within 30 calendar days after the enactment of this Act, to submit to the appropriate congressional committees, the Mayor, and the Authority, a revised appropriated funds operating budget for a District government agencies for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures. (Sec. 150) Prohibits the use of funds contained in this Act for: (1) any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug or; (2) rental payments under a lease for the use of real property by the District government, or to enter a lease, or purchase or manage real property for the District, unless specified conditions are met. (Sec. 153) Amends the Student Loan Marketing Association Reorganization Act of 1996 to provide funding for public charter school construction and repair in the District. Sets aside a specified amount for use as a credit enhancement fund for such schools. (Sec. 154) Requires the Mayor, the Authority, and the Superintendent of Schools to implement a process to dispose of excess public school real property within 90 days of the enactment of this Act. (Sec. 155) Amends the District of Columbia School Reform Act of 1995 to: (1) extend the Act indefinitely; and (2) grant sibling preference to applicants seeking enrollment in public charter schools in the District. (Sec. 157) Transfers from the Authority to the District a specified sum for: (1) severance payments to individuals separated from employment during FY 2000; (2) expanded contracting authority of the Mayor; and (3) the implementation of a system of managed competition among public and private providers of goods and services by and on behalf of the District. (Sec. 158) Requires the Authority, working with the Commonwealth of Virginia and the Director of the National Park Service, to carry out a project to complete all design requirements and all requirements for compliance with the National Environmental Policy Act for construction of expanded lane capacity for the Fourteenth Street Bridge. Transfers a specified limited amount to the Authority from the District's dedicated highway fund for the project. (Sec. 159) Requires the Mayor to carry out, through the Army Corps of Engineers, an Anacostia River environmental cleanup program. (Sec. 160) Amends the Victims of Violent Crime Compensation Act of 1996 (the Act) to: (1) prohibit payment of administrative costs from the Crime Victims Compensation Fund; and (2) limit the use of such Fund to compensation and attorneys' fees awarded under the Act. Provides that: (1) the Fund shall be maintained as a separate Fund in the Treasury; (2) all amounts deposited to the credit of the Fund are appropriated without fiscal year limitation to make payments as authorized under the Act; and (3) the Fund shall also consist of any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund. Transfers any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with FY 2000) to miscellaneous receipts of the Treasury within 30 days after the end of the fiscal year. Ratifies any payments made from or deposits made to the Fund on or after April 9, 1997, to the extent such payments and deposits are authorized under the Act. (Sec. 161) Prohibits the use of funds contained in this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer of the District that the officer understands the duties and restrictions applicable as a result of this Act or its amendments. (Sec. 162) Requires the proposed FY 2001 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected. (Sec. 163) Requires any document showing the budget for a District government office that contains specified labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one. (Sec. 164) Provides that, in using the funds made available for improvements to specified Federal properties in the Southwest Waterfront of the District, any District government entity may place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers on a reimbursable and, if applicable, contractual basis Transfers to the Mayor from the Authority a specified amount from the escrow account held by the Authority for the District's infrastructure needs to be used by the Mayor for such improvements. Requires the Mayor to submit quarterly reports to specified congressional committees on the status of the improvements until they are completed.. (Sec. 165) Expresses the sense of Congress that the District should not impose or take into consideration any height, square footage, set-back, or other construction or zoning requirements in authorizing the issuance of industrial revenue bonds for a project of the American National Red Cross at 2025 E Street Northwest, Washington, D.C., because this project is subject to approval of the National Capital Planning Commission and the Commission of Fine Arts. (Sec. 166) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 (the Act) to permit the District of Columbia Offender Supervision, Defender, and Courts Services Agency to carry out sex offender registration functions in the District. Authorizes the Pretrial Services, Parole, Adult Probation and Offender Supervision Trustee appointed under the Act to exercise, during the Agency's transition to full operation, the powers and functions of the Agency relating to sex offender registration, but only upon the Trustee's certification that the Trustee is able to assume such powers and functions. Vests such authority in the Metropolitan Police Department until the Trustee makes such certification. (Sec. 167) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative. Declares that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect. (Sec. 168) Transfers to the District from the Authority a specified amount for the Mayor to provide offsets against local taxes for a commercial revitalization program to be available in enterprise zones and low and moderate income areas in the District, provided that the Mayor uses Federal commercial revitalization proposals introduced in Congress as a guideline. (Sec. 169) Amends the District of Columbia Home Rule Act to transfer to the Mayor the Authority's duty with respect to annually developing and submitting to specified congressional committees a performance accountability plan for the District government, and annually reporting to such committees on the performance of the government's activities. (Sec. 170) Declares the sense of Congress that, in considering the District of Columbia's FY 2001 budget, the Congress will take into consideration progress or lack of progress in addressing specified issues, including crime, access to drug abuse treatment, management of parolees and pretrial violent offenders, education, improvement in basic city services, application for and management of Federal grants, and indicators of child well-being. (Sec. 171) Urges the Mayor, before using Federal Medicaid payments to Disproportionate Share Hospitals (DSH) to serve a small number of childless adults, to consider the recommendations of the Health Care Development Commission. (Sec. 172) Directs the Comptroller General to study and report to Congress on the law enforcement, court, prison, probation, parole, and other components of the criminal justice system of the District of Columbia in order to identify the components most in need of additional resources, including financial, personal, and management resources. Title II: Tax Reduction - Commends the District of Columbia for its action to reduce taxes. Ratifies the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999.
Bill· SS. 1716 (106th)referred
United States · United States Congress · 12 October 1999
School Environment Protection Act of 1999 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a National School Integrated Pest Management Advisory System to develop and update uniform standards and criteria for implementing integrated pest management systems in schools. Directs local educational agencies (LEAs) of school districts to develop and implement systems in schools in compliance with this Act. Permits LEAs to continue to implement existing State systems that meet this Act's standards and criteria. Applies this Act's requirements to pesticide application in school buildings and on school grounds. Requires schools to prohibit: (1) the application of a pesticide when a school or school ground is occupied or in use; or (2) the use of an area or room treated by a pesticide, other than a least toxic pesticide, during the 24-hour period beginning at the end of the treatment. Requires the Administrator to establish a National School Integrated Pest Management Advisory Board. Directs the Board, among other duties, to: (1) review pesticides used in schools for their acute toxicity and chronic effects; and (2) recommend a list of least toxic pesticides. Authorizes the Board to recommend restrictions on pesticide use in schools. Requires the Administrator to: (1) establish a list of least toxic pesticides that may be used in schools; (2) publish pesticide restrictions in the Federal Register; and (3) issue findings on whether use of registered pesticides in schools may endanger children's health. Directs the Administrator to appoint an official for school pest management within the EPA Office of Pesticide Programs to coordinate integrated pest management systems in schools. Requires LEAs to: (1) designate contact persons for carrying out such systems; (2) maintain all pesticide use data for each school in the district and make such data publicly available; and (3) include notice of such systems in forms of universal notification at the beginning of each school year. Permits the use of a pesticide only if the pesticide has been disclosed in such notice. Prescribes procedures to be followed if a pest cannot be controlled after having used an integrated pest management system and least toxic pesticides, including prior notification of parents, guardians, and staff members of the use of a pesticide and posting of signs. Prescribes alternative procedures in emergency situations. Provides for public comments, through school board meetings, on integrated pest management systems. Establishes a complaint procedure to remedy violations of this Act. Prescribes civil penalties for violations. Establishes the Integrated Pest Management Trust Fund to carry out education, training, propagation, and development activities under integrated pest management systems of schools to remedy the harmful effect of actions taken by persons who paid civil penalties. Describes remedies for employees alleging violations of this Act. Directs the Administrator to provide grants to LEAs to develop systems under this Act. Prohibits, no later than six years after this Act's enactment, the use of any pesticide other than a least toxic pesticide in schools unless the Administrator has met the requirements of this Act. Authorizes appropriations.
Bill· HRH.R. 3062 (106th)open
United States · United States Congress · 12 October 1999
Coal Miner Environmental Impact Assistance Act of 1999 - Directs the Governor of a State with an approved abandoned mine reclamation program under the Surface Mining Control and Reclamation Act of 1977 to establish a program to provide for the employment of coal miners who have been laid off owing to application of environmental laws or regulations, policy directives, or court orders directly relating to coal mining. Preempts State law in contradiction of this Act unless the Secretary of the Interior concurs with a certification forwarded by a State Governor that conditions exist which do not warrant establishment of such a program.
Record· COS1999/2155(COS)rdg1
European Union · European Parliament · 7 October 1999
Bill· SS. 1706 (106th)open
United States · United States Congress · 7 October 1999
Water Regulation Improvement Act of 1999 - Amends the Federal Water Pollution Control Act to require permits for discharges from municipal storm sewers to: (1) recognize the responsibility of governmental entities to carry out specified control measures to reduce the discharge of pollutants; and (2) absolve local governmental entities of liability in cases where such an entity relies on a co-permittee or another governmental entity to comply with any requirement to implement a control measure in which the co-permittee or other entity assumes responsibility but fails to implement the measure. Prohibits the Administrator of the Environmental Protection Agency, for certain stormwater discharges for which permits are not required, from requiring a local governmental entity to obtain a permit for any stormwater discharge associated with an above-ground vegetated drainage ditch or a drainage way owned or operated in connection with a road or street under its jurisdiction. Provides that such discharges and those regulated as being associated with industrial activity or with significant violation of a water quality standard or significant contributions of pollutants shall not include stormwater discharges associated with: (1) a construction activity that disturbs no more than five acres of land; or (2) a routine maintenance activity associated with a road, street, or vegetated road ditch or drainage way.
Bill· HRH.R. 3039 (106th)open
United States · United States Congress · 7 October 1999
Chesapeake Bay Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to: (1) continue the Chesapeake Bay Program; and (2) maintain a Program Office to provide specified support to the Chesapeake Executive Council. Authorizes the Administrator to provide technical assistance and assistance grants to nonprofit organizations, State and local governments, colleges and universities, and interstate agencies to achieve Program goals. Provides the Federal and non-Federal share of various Program costs. Provides for Chesapeake Bay Agreement (an agreement among signatory members to restore and protect the Bay's ecosystem) implementation and monitoring grants, with specified Federal and non-Federal shares. Directs the Administrator to make public a document describing in detail projects funded for the current and previous years. Requires any Federal agency that owns or operates a facility within the Bay watershed to: (1) participate in regional and subwatershed planning and restoration programs; and (2) report to the President and the Council on expenditures to carry out such programs. Requires the Administrator to: (1) ensure that management plans are developed and that implementation is begun by signatories to the Agreement to achieve specified water nutrient and quality goals and habitat restoration and protection; and (2) offer technical assistance and assistance grants for a small watershed grants program within the Bay. Directs the Administrator to study and report to Congress on the state of the Chesapeake Bay ecosystem and on Program strategies. Requires a five-year study to establish and expand understanding of Bay ecosystem living resources response to water quality improvements resulting from the Program. Authorizes appropriations for FY 2000 through 2005.
Record· Vereinbarte Debatte14/61open
Germany · German Bundestag · 7 October 1999
Bill· SS. 1699 (106th)open
United States · United States Congress · 6 October 1999
Clean Water Infrastructure Financing Act of 1999 - Amends the Federal Water Pollution Control Act to provide that capitalization grants to States for the establishment of water pollution control revolving funds (revolving funds) shall be for providing assistance to accomplish the purposes of such Act. (Currently, such grants are provided for assistance for specific purposes.) Removes certain requirements for States with respect to construction of treatment works under capitalization grant agreements. Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act. Requires revolving funds to be used only for providing assistance for activities that have as a principal benefit the improvement or protection of water quality of navigable waters. Adds activities to the list of those which may be assisted. Provides for a repayment period of the lesser of 40 years or the expected life of the project to be financed with loan proceeds with respect to loans made to disadvantaged communities from revolving funds. Requires loans made from such funds to be fully amortized upon the expiration of the loan term (currently, no later than 20 years after project completion). Requires such funds to provide: (1) loan guarantees for developing and implementing innovative technologies; and (2) technical, planning, and other specified assistance to small systems. Treats a treatment works as a publicly owned treatment works, for purposes of eligibility for construction assistance from a revolving fund, if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage. Provides for negative interest rates of up to two percent to reduce the unpaid principal on loans from revolving funds made to disadvantaged communities. Reauthorizes appropriations for FY 2001 through 2005 for the revolving fund program.
Question· oralPQ 96asked
Ireland · Dáil Éireann · 5 October 1999
96 Mr. M. Higgins asked the Minister for the Environment and Local Government if Ireland participated in a vote at an Article 21 committee meeting in March 1998 or at any other time to approve the release of a genetically modified variety of maize; if Ireland voted in favour of the proposal; if so, the reason Ireland voted in this way; if he instructed his Department officials in relation to the vote; if he was lobbied by representatives of other Governments or by any commercial interests in connection with the vote; and if he will make a statement on the matter.
[18728/99]
Question· oralPQ 66asked
Ireland · Dáil Éireann · 5 October 1999
66 Mr. Boylan asked the Minister for the Environment and Local Government if United States authorities made representations on 17 March 1998 or thereafter in relation to genetically modified crops; if so, the Government's response to these representations; and if he will make a statement on the matter.
[18740/99]
Question· oralPQ 62asked
Ireland · Dáil Éireann · 5 October 1999
62 Mr. J. Bruton asked the Minister for the Environment and Local Government the way in which the recently published planning guidelines on residential density differ from the previous guidelines issued by his Department; the number of houses per acre previously recommended; the number now being recommended; and if he will make a statement on the matter.
[17295/99]
Question· oralPQ 61asked
Ireland · Dáil Éireann · 5 October 1999
61 Mr. M. Higgins asked the Minister for the Environment and Local Government if he met the United States Secretary for Agriculture in early 1998; if so, the purpose of the meeting; at whose initiative the meeting was arranged; the matters discussed at the meeting; the discussions, if any, which took place concerning Ireland's or the EU's position on genetically modified foods; and if he will make a statement on the matter.
[18727/99]
Question· oralPQ 60asked
Ireland · Dáil Éireann · 5 October 1999
60 Ms Clune asked the Minister for the Environment and Local Government the provisions, if any, he has made for the disposal of sludge from waste water treatment plants in view of the fact that the EU landfill directive will prohibit the disposal of such sludge on landfill sites.
[18764/99]
Question· oralPQ 59asked
Ireland · Dáil Éireann · 5 October 1999
59 Mr. J. Bruton asked the Minister for the Environment and Local Government the studies, if any, carried out on the issue of incineration of waste; his views on whether incineration is a safe and environmentally friendly method of disposing of waste; and his further views on the impact of incineration on the health and amenity of people living close to waste incineration plants.
[17294/99]
Question· oralPQ 58asked
Ireland · Dáil Éireann · 5 October 1999
58 Ms Clune asked the Minister for the Environment and Local Government if the report of the consultation procedure on genetically modified organisms has been presented to him; if so, when he will publish it; and if he will make a statement on the matter.
[18756/99]
Question· oralPQ 57asked
Ireland · Dáil Éireann · 5 October 1999
57 Mr. Gilmore asked the Minister for the Environment and Local Government the number of applicants for local authority housing; when he will publish the results of the assessment of housing need which was carried out at the beginning of 1999; the way in which he will provide housing for all those on the local authority lists; the date in this regard; and if he will make a statement on the matter.
[18758/99]
Question· oralPQ 56asked
Ireland · Dáil Éireann · 5 October 1999
56 Mr. Hayes asked the Minister for the Environment and Local Government the contact, if any, made between his Department and the Irish Catholic bishops concerning the possible sale of church lands for social housing; and if he will make a statement on the matter.
[18552/99]
Question· oralPQ 55asked
Ireland · Dáil Éireann · 5 October 1999
55 Mr. Gilmore asked the Minister for the Environment and Local Government if he has met the Central Bank regarding the home lending policies of banks and other financial institutions; if so, the outcome of the meeting; the action, if any, he will take arising from the meeting; and if he will make a statement on the matter.
[18757/99]
Question· oralPQ 54asked
Ireland · Dáil Éireann · 5 October 1999
54 Mr. Dukes asked the Minister for the Environment and Local Government the amount of land which has been serviced under the terms of the serviced land initiative; the number of sites for development which are provided on that serviced land; the numbers of housing units which have been constructed on that land; and if he will make a statement on the matter.
[18755/99]
Question· oralPQ 28asked
Ireland · Dáil Éireann · 5 October 1999
62 Mr. J. Bruton asked the Minister for the Environment and Local Government the way in which the recently published planning guidelines on residential density differ from the previous guidelines issued by his Department; the number of houses per acre previously recommended; the number now being recommended; and if he will make a statement on the matter.
[17295/99]
Question· oralPQ 27asked
Ireland · Dáil Éireann · 5 October 1999
96 Mr. M. Higgins asked the Minister for the Environment and Local Government if Ireland participated in a vote at an Article 21 committee meeting in March 1998 or at any other time to approve the release of a genetically modified variety of maize; if Ireland voted in favour of the proposal; if so, the reason Ireland voted in this way; if he instructed his Department officials in relation to the vote; if he was lobbied by representatives of other Governments or by any commercial interests in connection with the vote; and if he will make a statement on the matter.
[18728/99]
Question· oralPQ 26asked
Ireland · Dáil Éireann · 5 October 1999
66 Mr. Boylan asked the Minister for the Environment and Local Government if United States authorities made representations on 17 March 1998 or thereafter in relation to genetically modified crops; if so, the Government's response to these representations; and if he will make a statement on the matter.
[18740/99]
Question· oralPQ 25asked
Ireland · Dáil Éireann · 5 October 1999
61 Mr. M. Higgins asked the Minister for the Environment and Local Government if he met the United States Secretary for Agriculture in early 1998; if so, the purpose of the meeting; at whose initiative the meeting was arranged; the matters discussed at the meeting; the discussions, if any, which took place concerning Ireland's or the EU's position on genetically modified foods; and if he will make a statement on the matter.
[18727/99]
Question· oralPQ 24asked
Ireland · Dáil Éireann · 5 October 1999
60 Ms Clune asked the Minister for the Environment and Local Government the provisions, if any, he has made for the disposal of sludge from waste water treatment plants in view of the fact that the EU landfill directive will prohibit the disposal of such sludge on landfill sites.
[18764/99]
Question· oralPQ 23asked
Ireland · Dáil Éireann · 5 October 1999
59 Mr. J. Bruton asked the Minister for the Environment and Local Government the studies, if any, carried out on the issue of incineration of waste; his views on whether incineration is a safe and environmentally friendly method of disposing of waste; and his further views on the impact of incineration on the health and amenity of people living close to waste incineration plants.
[17294/99]
Question· oralPQ 22asked
Ireland · Dáil Éireann · 5 October 1999
58 Ms Clune asked the Minister for the Environment and Local Government if the report of the consultation procedure on genetically modified organisms has been presented to him; if so, when he will publish it; and if he will make a statement on the matter.
[18756/99]
Question· oralPQ 21asked
Ireland · Dáil Éireann · 5 October 1999
57 Mr. Gilmore asked the Minister for the Environment and Local Government the number of applicants for local authority housing; when he will publish the results of the assessment of housing need which was carried out at the beginning of 1999; the way in which he will provide housing for all those on the local authority lists; the date in this regard; and if he will make a statement on the matter.
[18758/99]
Question· oralPQ 20asked
Ireland · Dáil Éireann · 5 October 1999
56 Mr. Hayes asked the Minister for the Environment and Local Government the contact, if any, made between his Department and the Irish Catholic bishops concerning the possible sale of church lands for social housing; and if he will make a statement on the matter.
[18552/99]
Question· oralPQ 19asked
Ireland · Dáil Éireann · 5 October 1999
55 Mr. Gilmore asked the Minister for the Environment and Local Government if he has met the Central Bank regarding the home lending policies of banks and other financial institutions; if so, the outcome of the meeting; the action, if any, he will take arising from the meeting; and if he will make a statement on the matter.
[18757/99]
Question· oralPQ 18asked
Ireland · Dáil Éireann · 5 October 1999
54 Mr. Dukes asked the Minister for the Environment and Local Government the amount of land which has been serviced under the terms of the serviced land initiative; the number of sites for development which are provided on that serviced land; the numbers of housing units which have been constructed on that land; and if he will make a statement on the matter.
[18755/99]
Record· COS1999/2150(COS)rdg1
European Union · European Parliament · 4 October 1999
Bill· HRH.R. 3002 (106th)referred
United States · United States Congress · 4 October 1999
Resources Reports Restoration Act - Declares that certain provisions of the Federal Reports Elimination and Sunset Act of 1995 do not apply to certain reports, thus preserving specified requirements for 128 different reports with respect to public lands and forests, fisheries, wildlife, oceans and environment, energy and mineral resources, water resources, insular affairs, and Native Americans. Amends specified Federal laws to repeal: (1) certain terminated reporting requirements; and (2) the requirement of an annual financial report by the chief executives of the governments of the Marshall Islands, the Federated States of Micronesia, and Palau (but retaining such requirement for the chief executive of the Government of the Northern Mariana Islands).
Question· Schriftliche Anfrage6730/Jschriftliche anfrage
Austria · National Council · 1 October 1999
Schriftliche Anfrage der Abgeordneten Dr. Gabriela Moser und Genossen an den Bundesminister für Finanzen betreffend Bilanz des Verkaufes der Österreichischen Salinen AG
Question· Schriftliche Anfrage6729/Jschriftliche anfrage
Austria · National Council · 1 October 1999
Schriftliche Anfrage der Abgeordneten Dr. Gabriela Moser und Genossen an den Bundesminister für Finanzen betreffend Abwärmekoppelung RAG <i>(Rohöl Aufsuchungs AG)</i> und Fernwärme Timelkam
Bill· HRH.R. 2987 (106th)open
United States · United States Congress · 30 September 1999
Methamphetamine Anti-Proliferation Act of 1999 - Directs the United States Sentencing Commission (the Commission) to review and amend the Federal sentencing guidelines with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine (including an attempt or conspiracy to do any of the foregoing) in violation of the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act (MDLEA) to provide for increased penalties comparable to the base offense level for methamphetamine. Directs the Commission to: (1) ensure that the sentencing guidelines for such offenses reflect their heinous nature, the need for aggressive law enforcement, and the extreme dangers associated with unlawful activity involving amphetamines; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired. (Sec. 3) Amends the CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances. (Sec. 4) Provides for mandatory restitution for CSA and CSIEA violations. Expands provisions regarding restitution for cleanup of clandestine laboratory sites to cover offenses involving, and reimbursement for costs incurred for the cleanup associated with, the manufacture of amphetamine (currently, limited to methamphetamine), and to include reimbursement to States and local governments, as well as to the United States. Amends the Federal judicial code to provide for the deposit of sums from a reimbursement order into the Department of Justice (DOJ) Assets Forfeiture Fund. (Sec. 5) Amends the Federal criminal code (the code) to: (1) prohibit and set penalties for teaching or demonstrating the manufacture of a controlled substance, or distributing information pertaining to such manufacture or use, with intent that it be used for or to further activity that constitutes a Federal crime, or knowing that the recipient intends to use it for or to further such activity; and (2) allow the delay of issuance of a warrant to search and seize property that constitutes evidence of a Federal criminal offense pursuant to the standards, terms, and conditions set forth in the code, unless otherwise expressly provided by statute. (Sec. 7) Directs the Administrator of the Drug Enforcement Administration (DEA) to carry out specified programs (advanced mobile clandestine laboratory training teams, basic clandestine laboratory certification training, and clandestine laboratory recertification and awareness training) with respect to the law enforcement personnel of States and localities determined by the Administrator to have significant levels of methamphetamine- or amphetamine-related crime or projected by the Administrator to have the potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations. (Sec. 8) Requires the Director of National Drug Control Policy to use amounts available under this section to combat the trafficking of methamphetamine and amphetamine in areas designated by the Director as high intensity drug trafficking areas. Requires the Director to provide funds for: (1) employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel; and (2) such other activities that the Director considers appropriate. Authorizes appropriations. Requires the Director to apportion amounts appropriated for a fiscal year pursuant to such authorization of appropriations for activities under this section among and within areas designated as high intensity drug trafficking areas based on: (1) the number of methamphetamine and amphetamine manufacturing facilities discovered by law enforcement officials in the previous fiscal year; (2) the number of methamphetamine and amphetamine prosecutions in the previous fiscal year; (3) the number of methamphetamine and amphetamine arrests in the previous fiscal year; (4) the amounts of methamphetamine, amphetamine, or listed chemicals seized in the previous fiscal year; and (5) intelligence and predictive data from the DEA and the Department of Health and Human Services showing patterns and trends in abuse, trafficking, and transportation in methamphetamine, amphetamine, and listed chemicals. Requires the Director, before apportioning any funds under this section to a high intensity drug trafficking area, to certify that the law enforcement entities responsible for clandestine methamphetamine and amphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. Sets limits on administrative costs. (Sec. 9) Authorizes the DEA to: (1) assist State and local law enforcement in small and mid-sized communities in all phases of investigations related to such manufacturing and trafficking; (2) staff additional regional enforcement and mobile enforcement teams related to such manufacturing and trafficking; (3) establish additional resident offices and posts of duty to assist State and local law enforcement in rural areas in combating such manufacturing and trafficking; and (4) provide the Special Operations Division of the DEA with additional agents and staff to collect, evaluate, interpret, and disseminate critical intelligence targeting the command and control operations of major amphetamine and methamphetamine manufacturing and trafficking organizations. Authorizes the Administrator to establish in the DEA not more than 50 full-time positions, including not more than 31 special agent positions, and to appoint personnel to such positions. Authorizes appropriations. (Sec. 10) Amends the Federal judicial code to make sums in the DOJ Assets Forfeiture Fund available for payment for costs incurred by or on behalf of: (1) DOJ in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (2) a State or local government in connection with such removal in any case in which such State or local government has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make funds under the drug control and system improvement (Byrne) grant program available to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine. Requires that any sums made available from the DOJ Assets Forfeiture Fund for purposes of this section in a fiscal year supplement and not supplant any other amounts made available to DOJ from other sources. (Sec. 11) Requires the head of each Federal department, agency, and establishment to place anti-drug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy. (Sec. 12) Revises CSA mail order provisions to: (1) require that each regulated person who engages in an export transaction (currently, limited to each regulated person who engages in a transaction with a non-regulated person) submit a monthly report of each such transaction to the Attorney General; and (2) make specified exemptions from such reporting requirement, such as for certain distributions of sample packages of drug products and distributions of drug products pursuant to a valid prescription. Authorizes the Attorney General to revoke any such exemptions if drug products distributed by the regulated person are being used in violation of CSA requirements, subject to specified provisions concerning notification and the right to an expedited hearing. (Sec. 13) Amends the CSA to prohibit and set penalties for the theft of anhydrous ammonia, or the transportation of stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such ammonia will be used to manufacture a controlled substance in violation of the Act. Requires the DEA Administrator to seek to enter into an agreement with Iowa State University to permit the University to expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate its usefulness as an ingredient in methamphetamine production. Authorizes such agreement to provide for the provision to such University of $500,000, on a reimbursable basis, for such activities. Authorizes appropriations. (Sec. 14) Directs the Secretary of Health and Human Services to submit to designated congressional committees annual reports on the problems caused by methamphetamine consumption in rural areas, suburban areas, and small, mid-size, and large cities. (Sec. 15) Amends the Public Health Service Act (PHSA) to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to methamphetamine and other illicit drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to methamphetamine and other illicit drugs that are effective and science-based. Sets forth provisions regarding permissible grant uses, priorities in making grants, program evaluation, and reporting requirements. Authorizes appropriations for expansion of abuse prevention efforts and for practitioner registration requirements. (Sec. 16) Amends the PHSA to authorize the Director of the National Institute on Drug Abuse to make grants or enter into cooperative agreements to expand the current and on-going interdisciplinary research and clinical trials with treatment centers of the National Drug Abuse Treatment Clinical Trials Network relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction. Sets forth provisions regarding permissible uses of grant funds and dissemination of research results. Authorizes appropriations. (Sec. 17) Directs the Secretary to study and report to the Senate and House Judiciary Committees on the development of medications for the treatment of addiction to amphetamine and methamphetamine. Authorizes appropriations. (Sec. 18) Amends the CSA to waive registration requirements for practitioners who dispense schedule IV or V narcotic drugs or combinations thereof for maintenance or detoxification treatment if the practitioner submits to the Secretary a notification of intent to begin such dispensation that contains certifications by the practitioner that: (1) the practitioner is a physician licensed under State law, has demonstrable training or experience and the ability to treat and manage opiate-dependent patients, and has the demonstrated capacity to refer the patients for appropriate counseling and ancillary services; and (2) the total number of such patients at any one time will not exceed 20, with exceptions. Sets forth additional conditions, including that the drugs or combinations: (1) have been approved for use in maintenance or detoxification treatment; and (2) have not been the subject of an adverse determination. Requires the Secretary to provide to the Attorney General requested information contained in required notifications as the Attorney General may request. Authorizes the Attorney General to consider a practitioner who violates requirements of this section to have committed an act that renders the registration to be inconsistent with the public interest. Directs that, during the three-year period beginning upon enactment of this Act: (1) the Secretary make determinations regarding the effectiveness, increased availability, and adverse consequences for public health, of treatments provided under the waivers; and (2) the Attorney General make determinations regarding the extent to which there have been violations of numerical limitations established and regarding whether waivers have increased the extent to which narcotic drugs in schedule IV or V or combinations are being dispensed or possessed in violation of this Act. Sets forth provisions regarding publication by the Secretary or Attorney General in the Federal Register of decisions. Prohibits a State from precluding a practitioner from dispensing narcotic drugs in schedule IV or V, or combinations of such drugs, to patients for maintenance or detoxification treatment during the three-year period unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs. (Sec. 19) Directs the Commission to amend the Federal sentencing guidelines to increase the base offense level, with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the CSA, CSIEA, or MDLEA, by specified amounts if the offense created a substantial risk of harm to human life or the environment, or to the life of a minor or incompetent. (Sec. 20) Amends the CSA to include methamphetamine paraphernalia within provisions applicable to "drug paraphernalia."
Bill· HRH.R. 2980 (106th)open
United States · United States Congress · 30 September 1999
Clean Power Plant Act of 1999 - Amends the Clean Air Act to require specified emissions limitations on mercury, sulfur dioxide, and nitrogen oxides (NOx) from fossil fuel-fired electric generating units with a nameplate capacity of at least 15 megawatts that use a combustion device primarily to generate electricity for sale. Requires quarterly pollutant-specific emission reports for such pollutants and for carbon dioxide (CO2) by unit owners or operators. Directs the Administrator of the Environmental Protection Agency to publish facility-specific emission data. Requires regulations for disclosure of data concerning emissions levels. Directs the Administrator to calculate a generation performance standard for CO2 from covered fossil fuel-fired electric generating units and allocate allowances among such units. Authorizes the carryover and trading of unused allowances and requires surrender to the Administrator of a number of CO2 allowances equal to the total tonnage emitted during the calendar year. Permits the performance standard to be exceeded if the plant has sufficient emissions credits. Imposes an excess emissions penalty and requires units to offset such emissions. Requires regulations concerning transfer of hazards associated with combustion from one medium to another and release of hazardous wastes into the environment. Expresses the sense of Congress concerning crediting permanent CO2 and NOx emissions reductions to the utility sector in any enacted climate change implementation program. Authorizes appropriations for industry and community assistance and development of a carbon sequestration strategy. Requires grants to municipalities in which there are located fossil fuel-fired electric generating units that: (1) provide 20 percent or more of the municipality's annual property tax revenue in the last fiscal year ending before this Act's enactment; and (2) cease operation after this Act's enactment. Includes hazardous air pollutants from electric utility steam generating units on a list of such pollutants from major and area sources required under the Clean Air Act.
Record· Aktuelle Stunde14/58open
Germany · German Bundestag · 30 September 1999
Aussprache auf Verlangen der Fraktion der PDS, unabhängig von einer Fragestunde
Bill· SS. 1659 (106th)open
United States · United States Congress · 29 September 1999
Lower Yellowstone Irrigation Project Facilities Conveyance Act of 1999 - Directs the Secretary of the Interior, upon acceptance by the appropriate parties of required Federal obligations, to convey the respective portions of the Yellowstone Irrigation Project, the Intake Irrigation Project, and the Savage Unit (irrigation project) of the Pick-Sloan Missouri Basin Program to the Intake Irrigation District (Montana), the Lower Yellowstone Irrigation Districts No. 1 (Montana) and 2 (North Dakota), and the Savage Irrigation District (Montana). Directs the Secretary and the Western Area Power Administration to continue to provide Pick-Sloan power to each such District as long as the Districts and the Yellowstone Project continue to operate under Pick-Sloan. Requires each such conveyance within 180 days after enactment of this Act, with a two-year deadline if changes in operations are intended. Provides related requirements regarding environmental matters and recreation management.
Bill· SS. 1661 (106th)referred
United States · United States Congress · 29 September 1999
Environmental Protection Partnership Act - Amends the Federal judicial code to provide that an environmental audit report that is prepared, or a finding, opinion, or other communication that is made, in good faith by a person or government entity and that is related to, and essentially constitutes a part of, an audit report shall not be subject to discovery or any other investigatory procedure or admissible as evidence in any judicial action or administrative proceeding, with exceptions. Makes such provision inapplicable to an audit report if, after an in camera hearing, a judge determines that: (1) the party that initiated the audit expressly waives the protection provided by this Act; (2) the audit provides evidence of noncompliance with a covered Federal law and appropriate efforts to achieve compliance were not promptly initiated and pursued with reasonable diligence; (3) the party that is asserting the applicability of such provision is doing so for a fraudulent purpose; or (4) the audit report or finding was prepared for the purpose of avoiding disclosure of information required for a governmental investigative, administrative, or judicial proceeding that, at the time of preparation, was imminent or in progress. Sets forth provisions regarding waivers and confidential disclosures, seizure of an audit report by law enforcement officials, handling of the report, filing a petition with an appropriate court, in camera hearings, and the burden of proof. Authorizes a judge: (1) after an in camera hearing, to require disclosure of or testimony regarding an audit report or finding for which protection is asserted if the judge determines that the information is not subject to protection under this Act; and (2) to suppress any evidence arising or derived from the failure of a government official to comply with this Act. Prohibits a party that performs an audit from giving testimony concerning the audit in any judicial or administrative proceeding that relates to a non-delegated covered Federal law without the consent of the party that initiated the audit. Provides that if a party discloses information relating to a covered Federal law to an appropriate official of an administering Federal or State agency, the disclosure shall be considered to be a voluntary disclosure, subject to limited immunity protection, regardless of whether the disclosure is required by law, if: (1) the disclosure arises out of a voluntary audit or the operation of a voluntary environmental compliance management system and the disclosure is made promptly after the party receives knowledge of the information; and (2) the party initiates an action to address the issues identified in the disclosure within a reasonable period of time and fulfills other specified requirements. Sets forth provisions regarding: (1) permissible sanctions and admission into evidence; (2) mitigating circumstances; (3) involuntary disclosures; and (4) resolution of immunity disputes. Allows a State law (with exceptions) to provide that, under appropriate conditions, a voluntary audit report, or a finding related to and constituting part of a voluntary audit report, shall not be: (1) subject to discovery or any other investigatory procedure governed by State or local law; or (2) admissible as evidence in any State or local judicial action or administrative proceeding. Provides for limited protection for testimony and for disclosure of voluntary environmental audit information. Prohibits a Federal agency from: (1) refusing to delegate a covered Federal law to a State or local agency; (2) refusing to approve or authorize a State or local program under a covered Federal law because the State has such a law in effect; or (3) taking other actions that would effectively require a State to rescind or limit any protection of such State law. Amends the Small Business Act to include within assistance from small business development centers assistance provided to small businesses in complying with the requirements necessary to receive voluntary audit protection.
Bill· SS. 1662 (106th)referred
United States · United States Congress · 29 September 1999
Authorizes the President to eliminate, or provide staged rate reductions on, any duties imposed on certain environmental products, provided: (1) the President determines that any existing duty or other import restriction of any country or the United States is unduly burdening or restricting U.S. trade with respect to such products; and (2) the United States enters into an agreement to eliminate or reduce such duty or remove such burden or restriction with respect to such product as part of a multilateral negotiation under the auspices of the World Trade Organization (WTO). Requires that certain conditions be met before the President can take such action.