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Bill· HRH.R. 3705 (105th)open
United States · United States Congress · 22 April 1998
Ivanpah Valley Airport Public Lands Transfer Act - Directs the Secretary of the Interior to convey to the Clark County, Nevada, Department of Aviation certain real property in Ivanpah Valley, Nevada, for the development of an airport facility and infrastructure. Requires conveyance of small parcels over 20 years as may be required for phased construction and development. Withdraws the conveyed lands from mineral entry under the Mining Law of 1872 and the Mineral Leasing Act.
Bill· SS. 1964 (105th)referred
United States · United States Congress · 21 April 1998
Ivanpah Valley Airport Public Land Transfer Act - Directs the Secretary of the Interior to convey to the Clark County, Nevada, Department of Aviation certain real property in Ivanpah Valley, Nevada, for the development of an airport facility and infrastructure. Requires conveyance of small parcels over 20 years as is required for phased construction and development. Withdraws the conveyed lands from operation under the Federal mining and mineral leasing laws.
Bill· SS. 1905 (105th)open
United States · United States Congress · 2 April 1998
Cheyenne River Sioux Tribe Equitable Compensation Act - Directs the Secretary of the Treasury (Secretary) to establish in the consolidated account for tribal trust funds a dual cash account to be known as the Cheyenne River Sioux Tribal Recovery Account. Establishes a schedule under which the Secretary shall deposit specified amounts into the fund from the receipts of the power program of the Pick-Sloan Missouri River Basin Program. Authorizes the Cheyenne River Sioux Tribe to withdraw funds held in trust by the United States and managed by the Secretary of the Interior through the Office of Trust Fund Management. Provides for interest payments from the account for the Tribe's use in promoting economic and infrastructure development and educational, health, recreational, and social welfare objectives.
Bill· HRH.R. 3674 (105th)open
United States · United States Congress · 1 April 1998
Amends Federal shipping law to prohibit the Secretary of Transportation from collecting a fee or charge for any navigational assistance service, including icebreaking.
Bill· HRH.R. 3638 (105th)open
United States · United States Congress · 1 April 1998
Requires the head of a Federal agency to give preference (except where no entry-level jobs are expected to be created, or national security reasons preclude) to contractors that hire recipients of assistance under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act for jobs created to carry out any contract in excess of $500,000 that was awarded using competitive procedures. Directs the Secretary of Transportation to make grants to States to assist State agencies, local governmental authorities, and nonprofit organizations in financing transportation services designed to transport TANF recipients to and from jobs and activities related to their employment. Authorizes appropriations. Authorizes the Secretary of Health and Human Services to provide loan guarantees to States with respect to State loans taken out by TANF recipients in a principal amount of between $20 and $5,000, and bearing a certain annual interest rate.
Bill· HRH.R. 3666 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the National School Lunch Act Title II: Amendments to the Child Nutrition Act of 1966 Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 Child Nutrition and WIC Reauthorization Amendments of 1998 - Title I: Amendments to the National School Lunch Act - Amends the National School Lunch Act (NSLA) with respect to direct expenditures for agricultural commodities and other foods to repeal requirements for: (1) interim sources of funds pending supplemental appropriations; and (2) State matching funds for such interim funds and for cash donations in lieu of commodity donations. (Sec. 102) Allows State agencies to retain up to one-half of any program funds recovered during State-conducted audits or reviews of school food authorities, institutions, and service institutions participating in food assistance programs authorized under NSLA and the Child Nutrition Act of 1966 (CNA). Requires State agencies to use such funds for otherwise allowable program costs to improve management operations of such programs within the State, including by providing funds to school food authorities, institutions, and service institutions participating in such programs. (Sec. 103) Repeals a prohibition against requiring a State to match Federal funds for meals in private schools if the State educational agency is prohibited by law from disbursing State appropriated funds to private schools. Sunsets the Secretary of Agriculture's authority to disburse NSLA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 104) Requires all schools participating in the National School Lunch Program (lunch program) under NLSA or the School Breakfast Program (breakfast program) under CNA in which meals are prepared on site to obtain inspections twice during each school year that indicate food service operations meet State or local health and safety standards. (Sec. 105) Repeals the Secretary's authority, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, to award grants for food and nutrition demonstration projects. Requires schools participating in the lunch program or breakfast program to make every effort to establish meal service periods that provide children adequate time to fully consume their meals in an environment conducive to eating. (Sec. 106) Directs the Secretary to require that schools in the contiguous United States purchase for the lunch program and breakfast program, whenever possible, only food products that are produced in the United States. (Sec. 107) Revises the NLSA summer food service program to apply to suppers and supplements the Secretary's authority to establish adjustments to reimbursement rates in the States of Alaska and Hawaii, and in specified territories, to reflect differences in costs from those in all other States. Revises the eligibility criteria for private nonprofit institutions under the summer food service program to increase from five to 25 the number of sites they may operate. Repeals certain summer food service program requirements relating to: (1) a March 1st deadline for indication of interest; (2) restrictions on meal contracting; and (3) vendor registration. Extends through FY 2002 the authorization of appropriations for the NLSA summer food service program. (Sec. 108) Reauthorizes through FY 2002 the NSLA commodity distribution program, which may use Commodity Credit Corporation (CCC) and other specified funds to purchase agricultural commodities for use in programs under NLSA, CNA, and the Older Americans Act of 1965. (Sec. 109) Revises NLSA child and adult care food program requirements for licensing and alternate approval for schools and outside school hours child care. Reinstates categorical eligibility, under the NLSA child care food program, for participants in the Even Start program of the Elementary and Secondary Education Act of 1965. (Extends such eligibility through FY 2002; it had ended with FY 1997.) Revises conditions for child and adult care program participation by institutions moving toward compliance with the requirement for tax exempt status. Repeals a notification requirement for incomplete applications. Requires State agencies, at least once every two years, to provide notification of child and adult care program availability, participation requirements, and application procedures to each nonparticipating institution or family or group day care home that is located in a needy area within the State, and has Federal, State, or local licensing or approval or receives funds under Social Security Act block grants to States for social services. Repeals the requirement that a participating State provide sufficient training, technical assistance, and monitoring to facilitate effective program operation. Repeals the Secretary's mandate to make funds available each fiscal year for State audits of participating institutions in the child care food program. Directs the Secretary to provide State agencies with increased levels of training and technical assistance for their management and oversight of the child and adult care program. Allows institutions that provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year to participate in the child care food program. Defines as at-risk any children who: (1) are age 12 through 18; and (2) live in a geographical area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under NSLA or CNA. Allows such institutions to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (2) one supplement per child per day. Directs the Secretary to provide State agencies with information concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program) under CNA. Requires State agencies to ensure that each participating child care center (other than institutions providing care to school children outside of school hours) receives certain WIC program informational materials and updates, and provides such information to parents of enrolled children annually. Repeals specified termination dates to grant permanent authorization to demonstration projects for child care food program qualification of private for-profit organizations providing nonresidential day care services. (Sec. 110) Allows emergency shelter homeless programs to participate in the child and adult care food program. Allows shelters to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to resident children through age 12; and (2) not more than three meals or two meals and a supplement per child per day. (Sec. 111) Repeals authority for certain demonstration projects involving: (1) meals and supplements outside of school hours; (2) fortified fluid milk; (3) fruits, vegetables, legumes, cereals, and grain-based products; (4) low-fat dairy products and lean meat and poultry products; and (5) reduced paperwork and application requirements and increased participation. (Sec. 112) Extends through FY 2002 the authorization of appropriations for training and technical assistance under the child and adult care food program. (Sec. 113) Extends through FY 1999 authority to fund the food service management institute, including mandatory and discretionary activities. (Sec. 114) Extends through FY 2002 the authorization of appropriations for compliance and accountability activities under the child and adult care food program. (Sec. 115) Extends through FY 1999 authority to fund an information clearinghouse for nongovernmental groups on food assistance and self-help activities for low-income individuals and communities. Makes the Secretary's authority to contract for such a clearinghouse discretionary rather than mandatory. Waives competition requirements for a contract with any organization that has performed satisfactorily under a previous clearinghouse contract. (Sec. 116) Repeals the requirement that the Secretary provide guidance and grant assistance to eligible entities for accommodating special dietary needs of individuals with disabilities who participate in covered programs under NSLA and CNA. Authorizes the Secretary to carry out accommodation activities, including guidance, technical assistance, training, and grants for State agencies and eligible entities. Title II: Amendments to the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to Sunsets the Secretary of Agriculture's authority to disburse CNA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 202) Repeals specified requirements for reallocation of State administrative expense funds. Eliminates the ten percent limitation on the transfer of administrative expense funds under CNA and NSLA. Extends through FY 2002 the authorization of appropriations for State administrative expenses under CNA. (Sec. 203) Establishes additional program application requirements, involving physical presence, income documentation, and verification, for the special supplemental nutrition program for women, infants and children (WIC program). Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Extends through FY 2002: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) infant formula procurement; (2) spend-forward authority; (3) matching funds requirement; (3) ranking criteria for farmers market nutrition program State plans; and (4) disqualification of certain vendors convicted of trafficking or illegal sales. (Sec. 204) Authorizes appropriations in necessary amounts (currently gives a specified amount for each fiscal year) for FY 1999 through 2002 for the nutrition education and training program under CNA. Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to revise provisions relating to applicability and customer acceptability information. (Sec. 302) Adds to such Act food distribution requirements relating to the Secretary of Agriculture's authority to: (1) transfer commodities between programs; (2) resolve claims; (3) use specified funds to make payment of costs associated with management of commodities which pose a health or safety hazard; and (4) accept commodities donated by Federal sources.
Bill· HRH.R. 3690 (105th)referred
United States · United States Congress · 1 April 1998
Clean Air Common Sense Act - Sets forth provisions regarding the Administrator of the Environmental Protection Agency's authorities to establish a requirement that States submit measures in State implementation plans under the Clean Air Act to ensure that emission reductions are achieved to mitigate transport of ozone pollution and oxides of nitrogen emissions across States included in the Ozone Transport Assessment Group Region (relating to the eastern portion of the United States). Prohibits: (1) the promulgation of a final rule to establish such requirement before the expiration of the one-year period beginning on the date the Administrator publishes notice that data described in this Act is publicly available; and (2) such rule from becoming effective before the later of May 1, 2005, or the expiration of the five-year period beginning on the date the rule is promulgated. Directs the Administrator, during the one-year period beginning on this Act's enactment, to collect data that the States in such region develop through air quality monitoring and modeling with respect to oxides of nitrogen and other pollutants to be regulated for purposes of a specified 1997 proposed rulemaking. Makes data publicly available after the expiration of such period. Establishes additional time frames with respect to the Administrator's findings, and denial of petitions, regarding sources that emit oxides of nitrogen or other pollutants to be regulated under the proposed rulemaking in violation of interstate pollution abatement requirements.
Bill· SS. 1881 (105th)referred
United States · United States Congress · 30 March 1998
Airplane Emergency Locator Act - Amends Federal aviation law to make applicable to other specified types of aircraft (currently exempted from them) certain requirements that commercial aircraft be outfitted with an emergency locator transmitter. (Continues to exempt from such requirements aircraft used in flight operations related to design and testing, the manufacture, preparation, and delivery of aircraft, or the aerial application of a substance on agricultural crops.)
Bill· HRH.R. 3595 (105th)open
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Subtitle A: Innocent Landowners and Prospective Purchaser Liability Subtitle B: Brownfield Remediation and Environmental Cleanup Subtitle C: State Voluntary Response Programs Title II: Liability Title III: Remedy Title IV: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title V: Natural Resource Damages Title VI: Federal Facilities Title VII: State Roles Title VIII: Funding Title IX: Miscellaneous Title X: 5-Year Extension of Hazardous Substance Superfund Superfund Improvement Act of 1998 - Title I: Brownfield Remediation and Environmental Cleanup - Subtitle A: Innocent Landowners and Prospective Purchaser Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 102) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of the prospective purchaser exemption and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 103) Adds CERCLA provisions granting conditional exemptions from liability to persons owning or operating property contiguous to a release site. Subtitle B: Brownfield Remediation and Environmental Cleanup - Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser. Requires the Administrator to report to specified congressional committees on programs established under this subtitle. Authorizes appropriations from the Hazardous Substance Superfund (Superfund) to carry out such grant programs. Subtitle C: State Voluntary Response Programs - Adds provisions requiring the Administrator to provide technical and other assistance to States to establish and enhance State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations from Superfund for FY 1999 through 2003 for such programs. Title II: Liability - Provides an exemption to liability, with exceptions, for response costs or actions with respect to National Priority List (NPL) facilities for certain small businesses whose liability is based solely on arranging for disposal, treatment, or transport of, or accepting, the hazardous substance concerned. Sets forth provisions regarding the preservation of certain contribution claims with respect to small businesses, a moratorium on the continuation or commencement of suits regarding such claims, and settlements with small businesses. Exempts from liability based solely on arrangement or acceptance provisions certain: (1) de micromis parties; and (2) individuals or small businesses or nonprofit organizations where the activities concerned involved municipal solid waste (MSW). Absolves of liability: (1) certain owners or operators who acquired the facility concerned by inheritance or bequest; (2) Federal, State, or municipal entities whose liability is based solely on ownership of a road or other right-of-way or transportation route over which hazardous substances are transported or on the granting of a business license; and (3) certain railroad owners or operators of spur tracks. Makes persons who commence recovery or contribution actions after this Act's enactment against parties not liable due to small business, de micromis, or MSW exemptions described above liable for all reasonable costs of defending such actions. Limits liability for certain tax-exempt organizations that receive an affected vessel or facility as a charitable contribution. Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before October 1, 1997, eligible for settlements. Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions. Authorizes the President to require such municipalities to perform or participate in response actions at the facility. Considers two or more municipalities that jointly own or operate a facility to be a single owner for purposes of calculating settlement offers. Authorizes the President to require such municipalities to waive some or all claims or causes of action against other potentially responsible parties (PRPs) with respect to a site. Conditions eligibility for limited municipal liability on the acts or omissions giving rise to liability having occurred before a date two years after this Act's enactment or on the municipality participating in a qualified household hazardous waste disposal program by such date. Sets forth cases in which the President may decline to offer such settlements. Makes liable parties who fail to take proper remedial or response actions liable to the United States for response costs incurred as a result of such failure to take action, in addition to potential punitive damages authorized under existing law. (Sec. 203) Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 204) Adds to the list of parties eligible for expedited final settlements: (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Permits the President to consider alternative payment methods for small businesses that are unable to pay settlement amounts immediately. Authorizes the President to require, as a condition of expedited settlements, that a PRP waive some or all of the claims or causes of action that the party may have against other PRPs relating to the site. Establishes a moratorium on litigation for recovery or contribution of response costs from certain persons eligible for expedited settlements within a specified time frame. (Sec. 205) Expands information regarding concerned facilities that may be required to be provided to Federal employees or officials. Authorizes the Administrator to issue subpoenas to obtain information related to facilities or cleanups. Makes information obtained pursuant to contracts to perform work available to the public, with exceptions. Sets forth confidentiality requirements for Government contractors with respect to such information. (Sec. 206) Authorizes the President to amend or issue administrative orders, without determining that there may be an imminent and substantial endangerment, to complete, or require additional, response actions necessary to respond to a release or threatened release. (Sec. 207) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action (unless such remedial action has been the subject of a previous cost recovery action); or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages paid. (Sec. 208) Requires the Administrator, after conducting any settlement negotiation, to initiate the allocation process for each mandatory allocation. Defines a "mandatory allocation" as an allocation of liability at a non-federally-owned NPL vessel or facility: (1) for which the Administrator selects a remedial action after March 30, 1998; (2) for which the Administrator estimates that future response costs for such action will exceed $3 million; and (3) that involves two or more unaffiliated PRPs. Permits the Administrator to use any part of the allocation process to promote a settlement with respect to response actions that are not subject to mandatory allocations. Excludes from the allocation process remedial actions: (1) for which there are settlement or consent decrees with parties (other than de minimis parties or parties that settled on the basis of an inability to pay); (2) that are being addressed by a unilateral order issued by the Administrator before this Act's enactment; (3) for which all PRPs are liable as owners or operators; or (4) that are being carried out by a State. Applies mandatory allocations to: (1) response costs relating to the remedial action incurred after this Act's enactment date; and (2) unrecovered remedial investigation and feasibility study costs relating to the action incurred by the United States prior to such enactment. Establishes a moratorium on litigation for recovery of response costs or contributions in connection with remedial actions subject to mandatory allocation until 60 days after completion of allocation procedures. Stays pending actions until such prescribed period unless the court determines that a stay will result in manifest injustice. Permits the Attorney General to commence a civil action against a PRP or allocation party at any time if at the same time the Attorney General files a judicial consent decree resolving the liability of such a party. Sets forth requirements concerning the allocation process. Permits PRPs to nominate additional PRPs. Directs the United States, with respect to response actions that would otherwise be subject to mandatory allocation, to reimburse PRPs that agree to perform the response action and to acceptable settlement terms, for 100 percent of the orphan share, subject to the availability of funds. Requires the Administrator to initiate the allocation process at the request of any PRP that has not resolved liability and after the conclusion of any settlement negotiations. Provides that the allocation process shall not be required if a settlement is reached that resolves at least 70 percent of the total costs of the action that would be the subject of allocation. Describes allocation parties. Requires the Administrator and the allocation parties to select a neutral, third-party allocator. Subjects Federal PRPs to the allocation process in the same manner as such process is applied to other PRPs. Requires the allocator to provide a final allocation report to the Administrator, the Attorney General, and each allocation party that specifies the estimated contribution share of each party and any orphan share. Limits the admissibility in court of such report except for purposes of supporting a settlement between the United States and an allocation party. Authorizes the Administrator to require PRPs that did not enter into a settlement during pre-allocation negotiations to pay the costs of the allocation process. Sets forth confidentiality requirements with respect to information submitted to the allocator. Prescribes civil penalties for failures to maintain confidentiality of information. Describes authorities of the allocator with respect to information gathering. Sets forth: (1) conditions under which the Administrator and the Attorney General may reject the allocator's report; (2) requirements for settlements based on allocations; and (3) provisions regarding reimbursement. Makes specified amounts available from Superfund for funding orphan share contributions in FY 1999 through 2003. Authorizes the Attorney General to commence actions against parties that fail to resolve liability during pre-allocation negotiations or after allocation. Makes nonsettling parties subject to strict, joint, and several liability for unrecovered response costs, including costs of federally funded orphan and nonsettling party shares. Permits the President to: (1) file a proof of claim or take other action in a bankruptcy proceeding; (2) require performance of a response action at a facility subject to a mandatory allocation during the allocation process; or (3) file any actions necessary to prevent dissipation of a PRP's assets. Directs the Administrator to report annually to the Congress on funds made available to address orphan shares and shares of nonsettling parties in support of settlement activities. (Sec. 209) Makes parties who unsuccessfully challenge settlements between the President and any PRP liable to the United States and any settling party for attorney's fees and costs incurred in defending the settlement. Authorizes administrative orders which set forth terms of settlements to be issued only with the prior approval of the Attorney General in cases where total response costs exceed $2 million (currently, $500,000). Permits agencies with the authority to seek fines, penalties, and punitive damages under CERCLA to settle claims that may otherwise be assessed in civil administrative or judicial proceedings if the claim has not been referred to the Department of Justice for further action. Permits claims exceeding $300,000 to be settled only with the prior approval of the Attorney General. Authorizes the use of arbitration only for claims where response costs do not exceed $2 million (currently, $500,000). (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material: (1) contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard; or (2) is an item of scrap paper containing hazardous substances determined to present a significant human health or environmental risk. Title III: Remedy - Revises provisions regarding remedy selection. Requires remedial actions selected by the President to assure long-term reliability of protection of human health and the environment and, to the maximum extent practicable, make contaminated land available for beneficial use and return contaminated groundwater and surface water to beneficial use in a reasonable period of time. Requires remedial actions to protect uncontaminated groundwater and surface water unless it is technically infeasible or limited migration of contamination is necessary to facilitate restoration of groundwater to beneficial use. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires remedial actions, in the case of contaminated groundwater or surface water which may be used for drinking water, to require a level or standard of control which at least attains the maximum contaminant levels (MCLs) or non-zero MCL goals established under the Safe Drinking Water Act for the contaminants concerned. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements are attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a lawsuit against the EPA prior to May 1, 1986. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived due to findings of technical impracticability. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. Requires the Administrator, in selecting remedies, to take into account reasonably anticipated future uses of land at a facility and, as appropriate, of nearby property. Sets forth factors to be considered in making assumptions regarding such uses. Directs the President, in selecting a remedial action to restore groundwater to drinking water or other beneficial uses, to defer to a State's classifications and designations relating to groundwater if specified conditions are met. Sets forth determinations and presumptions to be made by the Administrator in cases where there is no deference to a State. Prohibits, unless a State makes a designation otherwise, the use as drinking water of groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) from which the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring unless that source is or has been used as a drinking water source. Prohibits the President from selecting a remedial action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures, except in extraordinary circumstances. Lists requirements for actions that rely on institutional controls. Authorizes funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Directs the Administrator to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 302) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a response action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. (Sec. 303) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release. Title IV: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility. Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the NPL; (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 403) Requires States or Indian tribes with NPL sites to establish Waste Site Information Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 404) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is less, petition for a Group to be established. Authorizes such Groups to offer recommendations to the Administrator on the anticipated future use of land at a facility at any time prior to remedy selection, but provides that the Administrator shall not be bound by any such recommendation. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 406) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 407) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Subtitle B: Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the ATSDR Administrator to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 414) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 415) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title (upon enactment or 180 days after enactment). Title V: Natural Resource Damages - Revises provisions regarding the statute of limitations on actions for natural resource damages to remove a requirement that actions for such damages, with exceptions, be commenced within three years after the later of: (1) the date of discovery of the loss and its connection with the release in question; or (2) the date on which specified regulations regarding natural resource damage assessment are promulgated. Requires actions for such damages with respect to facilities at which there has been a corrective action or closure under the Solid Waste Disposal Act, a reclamation under the Uranium Mill Tailings Reclamation Act, or a response action under a State remediation, hazardous waste, water quality, or voluntary cleanup program, to be commenced before the later of: (1) three years from this Act's enactment date; or (2) three years from the date the responsible party provides notice of cleanup completion to all affected trustees. Requires commencement of such actions for facilities (other than those described above, NPL or Federal facilities, or those at which a remedial action has been scheduled) within three years of completion of an adopted restoration plan. (Sec. 502) Directs the President, in selecting remedial actions, to take into account the potential for injury to a natural resource resulting from such actions and the potential for mitigating injury to a resource by such actions. Requires the President to promulgate a regulation providing for consultation with the affected natural resource trustees regarding the inclusion or deletion of facilities on or from the NPL and coordination with such trustees with respect to releases under investigation and prior to selection of response actions. Authorizes affected trustees of natural resources injured, destroyed, or lost as a result of a release to participate in the trustees' selection of a restoration plan. Makes trustees who elect not to participate in such selection ineligible for Superfund monies for assessment of damages and natural resource restoration. Revises provisions regarding the use of recovered sums to permit such sums to be used only to restore or replace natural resources in the watershed, aquifer, or regional ecosystem in which the injury occurred and for the benefit of such resources or to acquire the equivalent of such resources in the watershed, aquifer, or regional ecosystem in which the injury occurred. (Current law allows the use of such sums to restore, replace, or acquire the equivalent of the injured resources.) Authorizes the use of recovered sums, in the case of a migratory species, to be applied for restoration or replacement of such species in a habitat in the migratory pathway of the species if all trustees participating in the selection of a restoration plan agree. Title VI: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. (Sec. 604) Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substance releases for which a Federal agency is potentially responsible. (Sec. 605) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) specified response and cost recovery actions, remedy selections, settlements, allocations, and community participation activities at non-federally owned or operated NPL facilities or removal actions at any facility proposed for NPL listing. Sets forth requirements for State enforcement and allocation of liability. (Sec. 702) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 703) Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding voluntary response actions, cleanup standards, compliance with consent decrees, and delegation of authority with respect to facilities located in Indian country. (Sec. 704) Permits States to apply to the Administrator to exercise specified CERCLA authorities at Federal facilities. Title VIII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. Title IX: Miscellaneous - Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 903) Revises CERCLA report requirements. (Sec. 904) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title X: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2003.
Resolution· HRESH.Res. 400 (105th)passed
United States · United States Congress · 27 March 1998
Designates minority membership on the Committee on International Relations, the Committee on Science, and the Committee on Transportation and Infrastructure of the House.
Bill· HRH.R. 3555 (105th)referred
United States · United States Congress · 25 March 1998
Driver Record Information Verification System Act - Directs the Secretary of Transportation to assess and report to the Congress on: (1) the available technologies to determine the most feasible and economical means of establishing a system to access information regarding U.S. motorists' driving records; and (2) the usefulness and cost-effectiveness of using social security account numbers as the basis for identification of motor vehicle operators within the system. Authorizes appropriations.
Bill· SS. 1802 (105th)open
United States · United States Congress · 19 March 1998
Surface Transportation Board Reauthorization Act of 1998 - Authorizes appropriations for the Surface Transportation Board for FY 1999 through 2001.
Bill· HRH.R. 3525 (105th)open
United States · United States Congress · 19 March 1998
Amends the Woodrow Wilson Memorial Bridge Authority Act of 1995 to provide Federal funding for the removal of the Woodrow Wilson Memorial Bridge after completion of any replacement crossing. Directs that any replacement bridge be open to traffic for operation of no more than 12 vehicle lanes and have two lanes reserved exclusively for one or more of the following: high occupancy vehicles, express buses, or transit. Bars such reserved lanes from being: (1) open to traffic until the systems that such lanes will be a part of in Maryland and Virginia are open to traffic; and (2) used as general purpose lanes unless such use is necessary for incident or accident management or maintenance of traffic during construction or maintenance activities. Prohibits: (1) tolls on any part of the Woodrow Wilson Memorial Bridge Project that is reserved for local traffic; and (2) any replacement crossing from being more than 200 feet wide or from being open to traffic until completion of specified environmental and other mitigation measures. Requires the Secretary of Transportation, if the highest elected local official of a local governmental unit in which any part of the Project shall be located establishes a community oversight committee to provide comments and recommendations regarding Project design and construction, to take any such comments and recommendations into consideration and make appropriate changes. Directs the Secretary to establish the Southern Potomac River Study to: (1) study the feasibility of a new Potomac River crossing south of Interstate Route 495 and north of State Route 301 to accommodate future increased traffic in the metropolitan Washington, D.C. area; (2) select possible alignments for a new river crossing, propose possible crossing options, and identify possible financing mechanisms to acquire the right-of-way and to construct the crossing; and (3) report to the Congress. Requires the Commission to be comprised of representatives appointed from among local elected officials of the jurisdictions in which any part of the Project shall be located and representatives Maryland, Virginia, and the environmental community. Amends Federal transportation law to make available from the Highway Trust Fund such sums as may be necessary to carry out the Project.
Bill· HRH.R. 3505 (105th)referred
United States · United States Congress · 19 March 1998
Revised Ozone and Particulate Matter Standards Implementation Act of 1998 - Amends the Clean Air Act to provide that all requirements of such Act regarding the implementation of a revised national ambient air quality standard (NAAQS) shall apply to the eight-hour ozone and revised particulate matter (PM) standards, except as specified in this Act. Defines the "eight-hour ozone standard" as the NAAQS (primary and secondary) for ozone as revised on July 18, 1997. Makes existing additional provisions relating to ozone nonattainment areas inapplicable to areas that have attained air quality meeting the one-hour ozone standard. Defines the "one-hour ozone standard" as the NAAQS (primary) for ozone existing prior to July 18, 1997. Provides that States shall not be required to prepare maintenance plans for areas that have attained such standard. Directs the Administrator of the Environmental Protection Agency to authorize States to establish cap and trade programs to control regional transport of oxides of nitrogen under which a regional limitation is set on pollutant emissions and sources are allowed to trade emissions credits to achieve required reductions. Authorizes States that establish such programs by December 31, 1999, to extend the term of air pollution control permits by up to two years. Provides for a transitional classification for areas attaining the one-hour standard by December 31, 1999, but not attaining the eight-hour standard, subject to certain State implementation plan (SIP) submissions. Sets forth additional requirements for areas ineligible for transitional classification and allows such areas, after December 31, 2000, to petition to be subject to the eight-hour standard in lieu of the one-hour standard. Authorizes the Administrator to exempt transitional areas from specific ozone requirements on a case by case basis. Continues the application of the existing PM-10 NAAQS (primary) to areas that have not attained such standard as of July 18, 1997. Makes the new PM standards inapplicable until the Administrator completes a rulemaking for the existing standard relating to backsliding. Applies the new standards to States that submit approved SIPs for the attainment and maintenance of such standards. Provides for the establishment of: (1) a comprehensive monitoring network to determine ambient fine particle concentrations across the country; and (2) a nationally consistent monitoring network to measure and analyze PM-2.5. Requires the Administrator to fund 100 percent of the costs of purchasing and installing monitors. Authorizes States which complete deployment by June 30, 1999, to extend the length of air pollution control permits by up to one year. Requires the Administrator to request the National Academy of Sciences to: (1) review the new PM-2.5 standard, recommend research to reduce scientific uncertainties regarding the standard, and identify the most cost-effective means of achieving it; and (2) recommend, by June 30, 2002, whether to revise such standard. Directs the Administrator, by June 30, 1999, to designate all areas of the country as unclassifiable for PM-2.5. Establishes additional deadlines for the designation of PM-2.5 nonattainment areas by State Governors and the Administrator and for the submission of SIPs. (Sec. 3) Requires the Administrator to permit SIPs for nonattainment areas to reward sources of any air pollutant for which a national standard is in effect if such a source makes, and reports consistent achievement of, significant reductions in emissions of such pollutant below the benchmarks set by SIPs. Encourages States to design market-based strategies for attaining standards that focus on obtaining low cost reductions for all sources. Requires the Administrator to revise the rules relating to new source review and conformity so that States may comply with such rules with only minor revisions to SIPs for transitional ozone areas. (Sec. 4) Directs the Administrator to carry out certain requirements with respect to research on PM and tropospheric ozone. (Sec. 5) Authorizes appropriations.
Bill· HRH.R. 3468 (105th)referred
United States · United States Congress · 17 March 1998
Declares that the construction, development, and operation of an intermodal transportation facility for the transfer of containers or trailers of cargo between trains and tractor-trailer trucks shall not be exempt from local zoning ordinances.
Law· SS. 1754 (105th)enacted
United States · United States Congress · 12 March 1998
TABLE OF CONTENTS: Title I: Health Professions Education and Financial Assistance Programs Subtitle A: Health Professions Education Programs Subtitle B: Nursing Workforce Development Subtitle C: Financial Assistance Title II: Office of Minority Health Title III: Selected Initiatives Title IV: Miscellaneous Provisions Health Professions Education Partnerships Act of 1998 - Title I: Health Professions Education and Financial Assistance Programs - Subtitle A: Health Professions Education Programs - Amends the Public Health Service Act to replace provisions relating to the training of health personnel from disadvantaged backgrounds with provisions mandating grants for programs of excellence in health professions education for underrepresented minority individuals, including to develop large applicant pools, enhance academic performance, train, recruit, and retain faculty, improve resources and curricula, and facilitate research. Authorizes appropriations. Authorizes grants to specified types of health professions schools for scholarships for students from disadvantaged backgrounds who have a financial need for a scholarship, with grant priority based on the proportion of graduates going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. Authorizes appropriations. Mandates a program of contracts for educational loan repayment (for individuals from disadvantaged backgrounds) in return for service as faculty members at specified types of health professions schools. Authorizes appropriations. Authorizes grants and contracts to increase the number of underrepresented minority faculty members. Authorizes appropriations. Authorizes grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession and for scholarships for health professions education. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. (Sec. 102) Repeals provisions relating to area health education center programs. Modifies provisions relating to training in family medicine by adding: (1) references to internal medicine and general pediatrics; (2) provisions regarding the training of physician assistants; and (3) provisions regarding programs of general or pediatric dentistry. Authorizes appropriations. Repeals provisions regarding: (1) training in internal medicine, general pediatrics, general dentistry, physician assistants, and podiatric medicine; and (2) traineeships, fellowships, and the amount of grants. Establishes the Advisory Committee on Training in Primary Care Medicine and Dentistry. (Sec. 103) Replaces provisions relating to training in certain health professions with provisions requiring that, in order to receive assistance under the amendments made by this section, an academic institution use the assistance in collaboration with two or more disciplines. Requires the recipient to carry out innovative demonstration projects for strategic workforce supplementation to meet national goals for interdisciplinary, community-based linkages. Mandates grants and contracts for area health education center programs meeting certain objectives, including recruiting and training health professionals from and for underserved areas and underserved populations. Requires that, in order to be eligible for funds under this paragraph, a health education training center be an entity otherwise eligible for funds under the paragraph immediately above and meet other specified requirements, including addressing persistent and severe unmet health care needs in States bordering the United States and Mexico, in Florida, and other areas. Requires that funding be made available. Mandates grants and contracts for the establishment or operation of geriatric education centers. Authorizes grants and contracts for geriatric training projects to train physicians, dentists, and behavioral and mental health professionals who plan to teach geriatric medicine, geriatric behavioral or mental health, or geriatric dentistry. Mandates a program to provide Geriatric Academic Career Awards to promote the career development of individuals as academic geriatricians. Requires Award recipients to provide clinical geriatrics training. Authorizes grants or contracts to help fund interdisciplinary training projects involving: (1) training health practitioners for rural areas; (2) demonstrating cost-effective comprehensive health care; (3) delivering rural health care; (4) enhancing rural health care research; and (5) recruiting and retaining practitioners from rural areas and making rural practice more attractive. Allows the use of student stipends, post-doctoral fellowships, faculty training, and the purchase or rental of transportation and telecommunication equipment. Authorizes grants or contracts for: (1) expanding or establishing programs to increase the number of allied health professionals; (2) projects in preventive and primary care training for podiatric physicians in residency programs providing traineeships; and (3) demonstration projects involving collaboration between chiropractors and physicians to identify and provide effective treatment for spinal and lower back conditions. Mandates establishment of the Advisory Committee on Interdisciplinary, Community-Based Linkages. Authorizes appropriations to carry out this section. (Sec. 104) Replaces provisions relating to special training projects with provisions authorizing grants or contracts for information collection, analysis, research, and the development of a non-Federal analytic and research infrastructure, all related to the health professions workforce, related issues, and future directions. Authorizes appropriations. Amends the Health Professions Education Extension Amendments of 1992 to extend the dates for the final report and termination of the Council on Graduate Medical Education. Allows amounts otherwise appropriated under specified provisions to be used to support the Council's activities. Transfers the amended provisions to the Public Health Service Act. (Sec. 105) Amends the Public Health Service Act to authorize grants or contracts: (1) to increase the public health workforce and enhance its quality and ability to meet health care needs; and (2) for the operation of public health training centers. Authorizes grants for graduate or specialized training in public health, to assist in providing traineeships in health professions fields in which there is a severe shortage of health professionals. Authorizes grants and contracts for residency programs in preventive medicine and dental public health and related financial assistance to residency trainees. Authorizes grants for: (1) traineeships in health administration, hospital administration, or health policy analysis and planning; and (2) related preparation of students for employment with public or nonprofit private entities. Authorizes appropriations to carry out this section. (Sec. 106) Repeals or removes provisions of the Public Health Service relating to: (1) research on certain health professions issues; (2) chiropractic demonstration projects; (3) the submission of specified information in conjunction with applications for grants or contracts; and (4) the development and publication of certain statistics, the handling of certain personal data, and the submission of certain reports. Imposes new application requirements and lists permitted uses of funds. Requires competitive awarding of grants and contracts. Adds professional counselors to the list of health professions personnel about whom information may be collected and analyzed. (Sec. 107) Requires that programs that have graduated less than three classes be given funding priority if they meet certain criteria relating to serving underserved populations or underserved communities. (Sec. 108) Adds references to behavioral health and to counseling to various generally applicable to health professions education provisions. Includes in the definition of "medically underserved community" an area or population designated by a State governor as a shortage area or medically underserved community. Modifies the definition of "program for the training of physician assistants." Subtitle B: Nursing Workforce Development - Nursing Education and Practice Improvement Act of 1998 - Replaces Public Health Service Act title VIII (Nurse Education) (except provisions relating to student loans, the loan repayment program, and sex discrimination) with a new title on nursing workforce development. Requires that grants and contracts be awarded competitively. Authorizes grants and contracts to: (1) enhance advanced practice nursing education and practice and traineeships for individuals in advanced practice nursing programs; (2) increase nursing education opportunities for individuals from disadvantaged backgrounds by providing scholarships or stipends, pre-entry preparation, and retention activities; and (3) strengthen capacity for basic nurse education and practice. Authorizes appropriations. Establishes the National Advisory Council on Nurse Education and Practice. Subtitle C: Financial Assistance - Chapter 1: School-Based Revolving Loan Funds - Modifies requirements: (1) schools must (in order to participate in the student loan program under specified provisions) meet regarding the percentages of graduates going into primary care; and (2) regarding student noncompliance with loan agreements. Removes a requirement for an annual report to specified congressional committees regarding administration of provisions relating to student loan funds in the context of medical schools and primary care. (Sec. 132) Extends the authorization of appropriations for Federal capital contributions to student loan funds under provisions relating to students from disadvantaged backgrounds. Repeals the authorization effective October 1, 2002. (Sec. 133) Allows loan repayment to be extended for up to ten years in specified circumstances. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Specifies the consequences (applicable if so provided in the agreement) imposed on default concerning an agreement to provide service in consideration for an award of Federal funds regarding nursing education. (Sec. 134) Modifies provisions controlling the maximum limit on a loan made to a student for a school year. Allows repayment to be made over ten to 25 (currently, over ten) years, at the option of the institution. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Sets a deadline for obligation of amounts from student loan funds under certain provisions that are returned to the Secretary by health professions schools. Chapter 2: Insured Health Education Assistance Loans to Graduate Students - Authorizes loan payment deferral for up to three years while the borrower is providing health care services to Indians through an Indian health program. Removes a requirement that the Office for Health Education Assistance Loan Default Reduction submit an annual report to specified congressional committees. Allows collection of loan balances after the borrower's death. Limits the maximum annual dollar amount of a loan to a student in a graduate program in behavioral and mental health practice, including clinical psychology, and includes institutions offering such programs in the definition of "eligible institution." (Sec. 142) Removes provisions mandating performance standards for lenders and holders of loans. Allows Federal payment of the loan after default, unless the lender, holder, or servicer has a compliance performance rating under 97 percent, in which case payment must be made at 98 percent of the loss. (Sec. 143) Sets forth maximum limits for specified fiscal years on the total principal amount of new loans made and installments paid pursuant to lines of credit to borrowers covered by Federal loan insurance under provisions relating to insured health education assistance loans to graduate students. (Sec. 144) Allows, notwithstanding any other provision of Federal or State law, an insured loan to be discharged in bankruptcy. (Current law allows such discharge, but makes no reference to other provisions of law.) (Sec. 145) Prohibits construing specified provisions as prohibiting refinancing of a single loan. Title II: Office of Minority Health - Modifies the duties of the Office of Minority Health. Establishes the Advisory Committee on Minority Health. Requires that grants, cooperative agreements, and contracts be awarded on a competitive basis. Authorizes appropriations: (1) for the Office; and (2) to enable the National Center for Health Statistics to collect data on Hispanics and American Indians and to develop special area population studies on major Asian American and Pacific Islander populations. Locates the Office in the Office of Public Health and Science (currently, in the Office of the Assistant Secretary for Health). Title III: Selected Initiatives - Amends provisions relating to grants to States for operation of offices of rural health to remove a requirement that non-Federal matching funds be in cash. Extends the authorization of appropriations. Increases the dollar appropriation level after which additional grants are prohibited. (Sec. 302) Removes the minimum and maximum limits on the number of grants to States for certain programs concerning Alzheimer's disease or related disorders. Allows respite care under such programs to be provided to individuals living in single family homes or in congregate settings. Allows grant funds to be used to improve access to home-based or community-based long-term care services. Removes a grant duration limitation. Extends the authorization of appropriations. (Sec. 303) Extends the authorization of appropriations for immunization program grants for no-charge immunizations for children, adolescents, and adults (currently, for individuals). Title IV: Miscellaneous Provisions - Deems active service of Public Health Service commissioned officers to be active military service in the U.S. armed forces for purposes of all laws regarding discrimination on the basis of race and other specified factors. Authorizes leave without pay status for attendance at an educational institution or training program when it is in the best interest of the Service. Declares that provisions mandating confidentiality of certain substance abuse records do not apply to any interchange of records within the uniformed services (currently, within the armed forces). (Sec. 403) Requires that a person who has received a clinical traineeship in counseling under specified provisions serve for specified periods. (Sec. 404) Extends the authorization of appropriations for grants for screenings, referrals, and education regarding lead poisoning. (Sec. 405) Extends the authorization of appropriations for grants for the prevention, control, and elimination of tuberculosis. Authorizes the set-aside of a specified percentage (currently, a specified dollar amount) for areas with a substantial number of, or a substantial rate of increase in, cases. (Sec. 406) Authorizes establishment of technical and scientific peer review groups and scientific program advisory committees as needed to carry out the functions of the Centers for Disease Control and Prevention. (Sec. 407) Amends the Family Violence Prevention and Services Act to authorize appropriations to carry out provisions regarding grants for community projects to coordinate intervention and prevention of domestic violence. Provides for a study of the training needs of health professionals concerning the detection and referral of victims of family or acquaintance violence. (Sec. 408) Amends the Public Health Service Act to extend the authorization of appropriations for grants for programs to increase the availability of primary health services in health professional shortage areas. (Sec. 409) Allows reservation of up to $2.5 million (currently, requires reservation of $5 million) for construction, renovation, or other improvement of regional centers for primate research. (Sec. 410) Allows a grant or cooperative agreement (currently, a grant, cooperative agreement, or contract), the direct cost of which exceeds $50,000, to be made only if it is recommended after peer review and by the appropriate advisory council. (Sec. 411) Extends the authorizations of appropriations to carry out specified provisions relating to trauma care and to health information and health promotion. (Sec. 413) Limits grants for emergency medical services for children to three years with an optional fourth year (currently, to two years). Allows only three (currently, one) grant in a State per fiscal year. Extends the authorization of appropriations. (Sec. 414) Amends the National Institutes of Health Revitalization Act of 1993 to remove provisions requiring that entities receiving funds under that Act comply with specified provisions of the Act popularly known as the Buy American Act. (Sec. 415) Amends Public Health Service Act provisions relating to the determination of the amount of grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease to list the Virgin Islands and Guam with States. (Currently, they are listed with U.S. territories. Listing them with States changes the formula used for determining the amount of grants.)
Bill· HRH.R. 3445 (105th)open
United States · United States Congress · 12 March 1998
Oceans Act of 1998 - Directs the President to: (1) maintain a coordinated, comprehensive, and long-range national ocean and coastal policy, including a plan to meet infrastructure requirements of Federal ocean and coastal programs; and (2) biennially report to the Congress on the relationship between Federal programs and the achievement of objectives specified in this Act. Requires each agency or department involved in ocean and coastal activities to include with its annual appropriations request a report on elements of its proposed budget relating to those activities and how each element contributes to implementation of the national policy. Directs the President to establish a Commission on Ocean Policy. Terminates the Commission after its final report. Authorizes appropriations. Removes provisions of Federal law relating to marine resources and engineering development.
Bill· HRH.R. 3463 (105th)open
United States · United States Congress · 12 March 1998
Airport Safety Act - Directs the Secretary of Transportation to issue regulations requiring sponsors of airports to install, over a ten-year period, enhanced visual technologies (laser guidance, ultraviolet guidance, and cold cathode technologies) to replace or enhance conventional landing light systems. Amends Federal aviation law to include the installation of such technologies at airports as an activity eligible for airport development project funds.
Bill· HRH.R. 3408 (105th)referred
United States · United States Congress · 9 March 1998
Amends the Appalachian Regional Development Act of 1965 to require a participating State, before it may request the dedesignation of a segment of the Appalachian development highway system, to: (1) consult with local elected officials having jurisdiction over the area in which the segment is located; and (2) conduct public hearings on the proposed dedesignation in each county in which any part of the segment is located.
Bill· SS. 1717 (105th)referred
United States · United States Congress · 5 March 1998
New American Citizenship Act - Directs the Attorney General to submit a plan (with monthly reporting requirements through a specified date) for ensuring backlog reduction at each Immigration and Naturalization Service (INS) district and regional office. (Sec. 4) Provides that INS standardized naturalization examinations shall: (1) have INS-certified proctors; and (2) not be administered by for-profit entities that also provide citizenship courses. Provides for: (1) an initial 24-month pilot testing program; and (2) dissemination of study materials. (Sec. 5) Directs the Attorney General to: (1) develop a plan to ensure the efficiency and integrity of the naturalization process, including a six-month maximum time for completion of such process; and (2) ensure that the naturalization fingerprint submission process deters naturalization fraud by requiring fingerprint cards to be sent directly to INS or the Federal Bureau of Investigation (FBI), and by procuring the technology to institute INS electronic fingerprint checks. (Sec. 7) Directs INS to ensure that a FBI criminal history background check is completed prior to an applicant's naturalization interview. Requires naturalization applicants to demonstrate basic English language speaking and comprehension abilities at the time of the standardized naturalization examination or interview. Requires INS to ensure that certificates of citizenship are not distributed prior to an applicant's taking the oath of allegiance. (Sec. 8) Obligates specified INS appropriations for backlog reduction and technological and infrastructure changes.
Bill· HRH.R. 3406 (105th)open
United States · United States Congress · 5 March 1998
Alaska Air Guide Regulations Act of 1998 - Reinstates regulation of Alaska guide pilots under the Federal Aviation Administration's General Operating and Flight Rules (currently, the Federal Aviation Administration (FAA) has rescinded such regulation under the rules and replaced them with more stringent regulations). Authorizes the FAA to amend the Rules to require Alaska guide pilots to: (1) be inspected no less often than after 125 hours of flight time; (2) participate in an annual flight review as described in the FAA's Certification: Pilots and Flight Instructors; Subpart A - General; Flight Review; (3) have a total of at least 500 hours of flight time as a pilot; and (4) have a commercial rating as described in FAA's Certification: Pilots and Instructors; Subpart F - Commercial Pilots.
Bill· HRH.R. 3380 (105th)referred
United States · United States Congress · 5 March 1998
Declares that it shall not be considered unreasonable or unjust discrimination for the owner or operator of a reliever airport that does not have an operating certificate to deny access to public charter operations.
Bill· HRH.R. 3337 (105th)referred
United States · United States Congress · 5 March 1998
Amends Federal aviation law to set a minimum $2,000 per passenger liability limit on certain air carriers for damages resulting from the disappearance of, damage to, or delay in delivery of a passenger's personal property, including baggage, that was in the custody or control of the air carrier immediately prior to such disappearance, damage, or delay. Requires air carriers to include on or with any flight ticket notice of its monetary limitation on baggage liability to passengers.
Bill· HRH.R. 3341 (105th)referred
United States · United States Congress · 5 March 1998
New American Citizenship Act - Directs the Attorney General to submit a plan (with monthly reporting requirements through a specified date) for ensuring backlog reduction at each Immigration and Naturalization Service (INS) district and regional office. (Sec. 4) Provides that INS standardized naturalization examinations shall: (1) have INS-certified proctors; and (2) not be administered by for-profit entities that also provide citizenship courses. Provides for: (1) an initial 24-month pilot testing program; and (2) dissemination of study materials. (Sec. 5) Directs the Attorney General to: (1) develop a plan to ensure the efficiency and integrity of the naturalization process, including a six-month maximum time for completion of such process; and (2) ensure that the naturalization fingerprint submission process deters naturalization fraud by requiring fingerprint cards to be sent directly to INS or the Federal Bureau of Investigation (FBI), and by procuring the technology to institute INS electronic fingerprint checks. (Sec. 7) Directs INS to ensure that a FBI criminal history background check is completed prior to an applicant's naturalization interview. Requires naturalization applicants to demonstrate basic English language speaking and comprehension abilities at the time of the standardized naturalization examination or interview. Requires INS to ensure that certificates of citizenship are not distributed prior to an applicant's taking the oath of allegiance. (Sec. 8) Obligates specified INS appropriations for backlog reduction and technological and infrastructure changes.
Bill· SS. 1706 (105th)referred
United States · United States Congress · 4 March 1998
Directs the Secretary of Transportation, if a State has not enacted and is not enforcing a law that bans the sale of alcohol through a drive-up or drive-through sales window, to withhold: (1) on October 1, 1999, five percent of specified Federal-aid highway apportionments for such State; and (2) on October 1, 2000, and on October 1 of each fiscal year thereafter, ten percent of such apportionments. Sets forth provisions regarding the period of availability of withheld funds and the effects of compliance and noncompliance with such requirement.
Law· HRH.R. 3332 (105th)enacted
United States · United States Congress · 4 March 1998
Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) authorize research programs related to high-end computing and computation, human-centered systems, high confidence systems, and education, training, and human resources; and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program on computer network infrastructure, high-speed data access, and networking technology. Amends the High-Performance Computing Act of 1991 (HPCA) to direct that the National High-Performance Computing Program provide for: (1) the development of technologies to advance Internet capacity and capabilities; and (2) high-performance testbed networks to develop and demonstrate advanced networking technologies and related advanced applications. Authorizes the National Science Foundation, the Departments of Defense, Energy, and Commerce, the National Aeronautics and Space Administration, and other participating agencies to support the Next Generation Internet Program (Program), with specified objectives for increasing Internet capabilities as well as the development of other networking technologies. Directs the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet (created under the HPCA) to assess and make recommendations concerning the extent to which: (1) the Program carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or small population areas that are greater than those imposed on users in large population areas or areas closer to network facilities) and technology transfer to and from the private sector; and (2) the role of each Federal department and agency involved in implementing the Program is clear, complementary, and non-duplicative. Requires the Advisory Committee to assess Program implementation and report at least annually to the President and specified congressional committees. Authorizes appropriations for FY 1999 and 2000 for the Program.
Bill· HRH.R. 3318 (105th)open
United States · United States Congress · 4 March 1998
Comprehensive One-Call Notification Act of 1998 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations.
Bill· HRH.R. 3312 (105th)open
United States · United States Congress · 3 March 1998
Federal Aviation Research and Evaluation Act (the FARE Act) - Establishes the Federal Aviation Research and Evaluation Board (Commission). Sets forth the duties of the Commission, including to: (1) review complaints alleging predatory practices by air carriers; (2) study airfare marketing and pricing practices and service availability in the airline industry; and (3) submit interim reports to the Congress. Authorizes appropriations.
Bill· HRH.R. 3262 (105th)open
United States · United States Congress · 25 February 1998
TABLE OF CONTENTS: Title I: Remedy Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title III: Right to Know Title IV: Environmental Justice Title V: Children's Environmental Health Title VI: Brownfield Remediation and Environmental Cleanup Subtitle A: Brownfields Subtitle B: Innocent Landowners and Prospective Purchaser Liability Subtitle C: Department of Housing and Urban Development Brownfield Grants Title VII: Natural Resource Damages Title VIII: Federal Facilities Title IX: Liability Title X: Funding Title XI: Miscellaneous Children's Protection and Community Cleanup Act of 1998 - Title I: Remedy - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise general rules for the selection of remedial cleanup actions. Removes a provision requiring the President to specifically address the long-term effectiveness of various alternative treatment or resource recovery technologies. Requires remedial actions to: (1) make contaminated property available for beneficial use to the maximum extent practicable; and (2) protect uncontaminated groundwater and surface water, wherever technically feasible, and restore such water to beneficial uses in a reasonable time period given the circumstances of the release of the hazardous substance concerned. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires selected remedial actions, unless the President determines that a risk-based standard for a contaminant is based on data and assumptions adequate to assure protection of children's health, to reduce contamination to background levels (where more stringent) with respect to such contaminant, to the maximum extent technically feasible. Prohibits the selection of an action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements would be attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a law suit against the Environmental Protection Agency (EPA) prior to May 1, 1986. Eliminates a provision which allows the President to select a remedial action that does not attain a standard equivalent to a legally applicable standard if compliance with requirements is technically impracticable from an engineering perspective. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures under CERCLA. Lists requirements for actions that rely on institutional controls. Provides for funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Requires such funds to be sufficient to guarantee successful performance of a remedy and, to the extent technically feasible, future beneficial reuse. Directs the EPA Administrator (Administrator) to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. (Sec. 102) Sets forth criteria for institutional control instruments. Requires the President, if such an instrument is adopted, to record a notice of property use restriction in the public land records for the jurisdiction in which the affected property is located. Makes such instruments enforceable in perpetuity (unless terminated and released) against holders of interest in an affected property and all persons who subsequently acquire such interest. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. Describes types of institutional control instruments, including easements. Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire an easement to limit or control the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a response action. Sets forth provisions regarding the President's authority to assign easements to other parties, issue orders imposing restrictions on land or natural resources, and include State institutional controls in response actions. (Sec. 103) Requires the President to ensure that a removal action is not undertaken in lieu of a long-term remedial action. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility. Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities and increases the maximum amount of such grants. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a covered facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 203) Requires States or Indian tribes with covered facilities to establish Community Information and Access Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 204) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the covered facility is located, or ten percent of the population of a locality in which the covered facility is located, whichever is fewer, petition for a Group to be established. Directs the President to adopt any consensus recommendation of a Group on land use as part of the remedy selected for the facility, with exceptions. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 205) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. Subtitle B: Human Health - Directs the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Requires the ATSDR Administrator to perform a health assessment for each facility listed, or proposed for listing, on the NPL, including Federal facilities. Permits related health activities to be performed in lieu of assessments for facilities that are so listed or proposed for ecological reasons only. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 213) Provides for research on exposure or tolerance limits for hazardous substances found commonly at NPL facilities in cases where adequate information on health effects of a substance is not available. Expands the duties of the ATSDR Administrator to require the Administrator to establish an inventory of exposure or tolerance limits for such substances. (Sec. 215) Directs the President, in any case in which a person is relocated in order to reduce exposure and eliminate health risks from hazardous substances, to provide to the individual the replacement value of the individual's residence. (Sec. 216) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to provide health services to communities affected by the release of hazardous substances. Makes funds available for such services for FY 2000 through 2004. (Sec. 217) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title. Title III: Right to Know - Requires the annual disclosure of certain information by potentially responsible parties at NPL facilities and owners or operators of facilities subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). Includes within such required disclosures information on quantities of certain hazardous substances and potential exposure of facility employees. Directs the Administrator to consolidate all annual reporting pursuant to title I of CERCLA and other Federal environmental laws to the extent not prohibited by such laws. Prescribes penalties for noncompliance with disclosure requirements. Amends EPCRA to permit the withholding of portions of information required to be disclosed under CERCLA for purposes of protecting trade secrets. (Sec. 302) Requires owners or operators of facilities subject to EPCRA reporting requirements to submit to the Administrator and State officials annual unstudied chemical release forms for each chemical subject to this section that was manufactured, processed, or used in quantities exceeding thresholds during the preceding year at the facility. Permits the Administrator to: (1) apply such requirements to other facilities that use unstudied chemicals, as appropriate; and (2) exclude a class of facilities in a Standard Industrial Classification Code that is required to report under EPCRA if unstudied chemicals will not cause certain adverse human health or environmental effects. Makes subject to the requirements of this section an unstudied chemical: (1) for which the information needed to complete a preliminary assessment of potential toxicity is not available; and (2) that is a compound containing at least carbon, hydrogen, and one or more of the elements chlorine, fluorine, or bromine or is a compound included on the 1990 High Production Volume List issued pursuant to the Toxic Substances Control Act. Authorizes the addition of chemicals subject to such requirements based on health or environmental effects or presence in human tissues, food stuffs, or drinking water. Excludes from reporting requirements chemicals: (1) that are listed under EPCRA; (2) that are high molecular weight polymers; or (3) for which information is publicly available. Sets forth provisions regarding information needed for preliminary assessment of potential toxicity of unstudied chemicals. Establishes threshold amounts of unstudied chemicals which trigger reporting requirements. Makes release form information publicly available. Authorizes petitions to the Administrator to compel certain actions under this title, including the exemption from reporting, addition of chemicals subject to reporting, and revision of thresholds. Requires the Administrator to establish a national unstudied chemicals inventory based on submitted data. Makes violations of this title subject to civil and administrative penalties under EPCRA. Provides trade secret protection for information disclosed under this title in the same manner as provided under EPCRA. Title IV: Environmental Justice - Directs the President, acting through the Secretary of Commerce, to publish a list of special priority areas which shall be geographic areas in which residents face a high degree of economic distress or social disenfranchisement. Provides for updates to such list no later than two years after each official census count on social and economic characteristics. Describes areas to be included on such list. Requires the President to advertise the right of petition for assessment of a hazardous substance release in such areas. Directs the President to publish a list of special priority facilities which shall be those facilities located in special priority areas that are: (1) listed in the Comprehensive Environmental Response, Compensation, and Liability Information System; (2) the subject of a petition; or (3) those the President considers appropriate. Establishes deadlines for completing preliminary assessments, site inspections, and hazard ranking of such facilities and for listing them on the NPL. Requires the President to ensure that a remedial action for any such facility on the NPL is completed within three years of placement on the NPL. Provides exceptions from placing such facilities on the NPL. Title V: Children's Environmental Health - Requires the ATSDR Administrator and the Administrator to create a scientifically peer-reviewed list of environmental pollutants commonly found at facilities listed or proposed for listing on the NPL with known or suspected health risks to which fetuses and children are especially susceptible. Provides for a toxicological profile for each listed substance. each listed substance. Directs the Administrator or the Secretary of Health and Human Services, as appropriate, to review and revise, where necessary, environmental and public health regulations, risk assessment policies and procedures, and guidance documents issued under CERCLA to determine whether they consider and fully protect fetal and children's health. Incorporates fetal and children's health concerns into all health research initiatives under CERCLA. Requires the ATSDR Administrator to develop: (1) guidelines for addressing fetal and children's health issues in health studies and research programs; and (2) criteria for determining when and what type of child-specific health study shall be conducted based on the results of a health assessment. Expresses the sense of the Congress that the costs of such research programs should be borne by the manufacturers and processors of the hazardous substance in question. Directs the ATSDR Administrator to: (1) establish an exposure registry for all children exposed to hazardous substances as the result of a release at an NPL facility where levels of exposure are significant for children's health; and (2) implement specified children's environmental health education and training programs. Requires all lists, profiles, studies, and research results conducted under this title to be reported or adopted only after appropriate peer review. Sets forth requirements for peer reviews. Title VI: Brownfield Remediation and Environmental Cleanup - Subtitle A: Brownfields - Directs the Administrator to establish a program to award grants to local governments to inventory and conduct site assessments of brownfield sites and provide training in the cleanup of such sites. Defines a "brownfield site" as land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence of hazardous substances, pollutants, or contaminants. Sets forth grant application requirements and grant conditions. Requires States to submit information to the Administrator on brownfield sites. Directs the Administrator to compile a National Brownfields Registry. Directs the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites, including associated rivers and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of affected brownfield sites. Sets forth grant application and agreement requirements. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. Authorizes the Administrator to award a grant to a State if necessary to facilitate the receipt of funds by local governments that do not have the capabilities to manage grants. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions and Federal facilities. Authorizes the President to make exceptions for excluded facilities and allow grants on a facility-by-facility basis. Makes amounts available from the Hazardous Substance Superfund (Superfund) to carry out the grant programs. Authorizes appropriations for FY 1999 through 2003. (Sec. 602) Authorizes the Administrator to award grants to, and enter into cooperative agreements with, States, Indian tribes, municipalities, and other specified agencies and organizations for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 603) Requires the Administrator to provide grants and other forms of assistance for brownfields workforce training programs in communities that contain brownfield sites. Subtitle B: Innocent Landowners and Prospective Purchaser Liability - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 622) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 623) Exempts certain contiguous property owners from liability. Subtitle C: Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects and activities for economic redevelopment of brownfield sites. Title VII: Natural Resource Damages - Adds the reasonable costs of recovering natural resource damages to the list of recoverable damages for which liable parties are responsible under CERCLA. (Sec. 703) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource damage assessments. (Sec. 704) Authorizes a trustee for natural resources to establish an administrative record on which the trustee will base the selection of a plan for restoration of the resource. Provides for participation of interested persons in the development of an administrative record. (Sec. 705) Provides that the presence of hazardous substances in sediments of U.S. waters above background or reference levels shall be sufficient to establish injury to natural resources for purposes of determining liability. Directs the Administrator and the appropriate natural resource trustees to report to the Congress on how response, remedial, and restoration actions are restoring and protecting natural resources affected by the facilities of: (1) Hudson River, New York; (2) Newark and New York Bays, New York and New Jersey; (3) Housatonic River, Connecticut and Massachusetts; (4) New Bedford Harbor, Massachusetts; (5) Clark Fork River, Montana; (6) Lavaca Bay, Texas; (7) Palos Verdes, California; (8) Fox River, Wisconsin; (9) Coeur d'Alene, Idaho; and (10) Hanford, Washington. (Sec. 706) Requires natural resource trustees to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in restoration activities. (Sec. 707) Revises provisions regarding the statute of limitations on natural resource damage actions. (Sec. 708) Adds archaeological resources to the definition of "natural resources" under CERCLA. (Sec. 709) Authorizes citizen suits to recover natural resources damages. Title VIII: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. Requires Federal agencies to notify States and the Administrator of removal actions. Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substances releases for which a Federal agency is potentially responsible. Title IX: Liability - Provides exemptions to liability (including liability for contribution) for response costs for pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, a specified limited amount of hazardous substances. Absolves certain small parties of liability based on arrangement or acceptance provisions if the substance involved was municipal solid waste or sewage sludge. Removes a provision which excludes petroleum from the definition of "hazardous substance" under CERCLA. Provides that persons liable for willful releases of hazardous substances or threats thereof may be liable to the United States for punitive damages in an amount of up to two times the costs incurred by Superfund as a result of such a release. Title X: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. (Sec. 1007) Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Title XI: Miscellaneous - Increases the ceiling on certain penalties under CERCLA. Prescribes penalties for specified additional violations. (Sec. 1103) Considers a remedial action that attains applicable requirements to be protective of human health and the environment unless the President determines otherwise. Directs the President to establish additional requirements to ensure such protection, as necessary. Provides that the decontamination regulations for site termination issued by the Nuclear Regulatory Commission (NRC) on July 21, 1997, shall not be considered sufficiently protective. Revises the definition of "federally permitted release" under CERCLA with respect to releases of source, special nuclear, or byproduct material in compliance with licenses, permits, regulations, or orders pursuant to the Atomic Energy Act of 1954 to apply such definition only if such licenses, permits, regulations, or orders adequately protect groundwater. Applies requirements of this Act pertaining to Federal facilities to facilities subject to licenses or decontamination regulations for license termination issued by the NRC. Amends environmental excise tax provisions to treat uranium dioxide as a taxable chemical only if it is used as a fuel in a nuclear reactor.
Bill· HRH.R. 3264 (105th)referred
United States · United States Congress · 25 February 1998
TABLE OF CONTENTS: Title I: Federal Tobacco Price Support Program Title II: Tobacco Community Revitalization Trust Fund Title III: Industry Payments for Department Tobacco Costs Title IV: Permanent Sale, Retirement, and Distribution of Tobacco Quota Title V: Agricultural Market Transition Assistance Title VI: Community, Farmer, and Worker Transition Assistance Title VII: Tax Treatment for Payments for Lost Tobacco Quota Title VIII: Immunity Tobacco Community Economic Stabilization and Support Act - Title I: Federal Tobacco Price Support Program - Amends the Agricultural Adjustment Act of 1938 with respect to cigarette manufacturer tobacco purchase submissions to require minimum purchase intentions for Flue-cured and Burley tobacco to be at 1997 levels (including levels fixed by the Secretary of Agriculture in cases of manufacturer nonsubmission). (Sec. 102) Revises related penalty provisions. Provides for deposit of penalty payments in the Tobacco Community Revitalization Trust Fund (established by this Act). (Sec. 103) Prohibits the United States Trade Representative, and the Secretaries of Commerce and Agriculture from advocating lower foreign trade barriers or increased market access for tobacco products containing less than 75 percent U.S. domestic content. (Sec. 104) Requires the Secretary of Agriculture to conduct a State referendum on the lease and transfer of tobacco quota if more than five percent of such State's producers so petition. (Sec. 105) Amends the Agricultural Act of 1949 to eliminate the tobacco marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Title II: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund (Fund), to be administered by the Secretary. Provides for manufacturer and importer assessments. Title III: Industry Payments for Department Tobacco Costs - Directs the Secretary to use Fund amounts to reimburse the Department for tobacco production and regulation costs. (Sec. 302) Amends the Agricultural Act of 1949 to revise No Net Cost Tobacco Fund and Account provisions. Title IV: Permanent Sale, Retirement, and Distribution of Tobacco Quota - Makes specified amounts from the Fund available each fiscal year for voluntary tobacco quota retirement contracts. Directs the Secretary to enter into such contracts. Sets forth contract and within-county redistribution provisions. Title V: Agricultural Market Transition Assistance - Directs the Secretary to make payments for lost tobacco quota (based on 1995 through 1997 marketing years) to eligible quota holders, lessees, tenants, and tobacco warehousemen. Sets forth provisions regarding: (1) quota determination and payment; (2) effect of quota or ownership changes; (3) payment acceleration and source; and (4) cost-of-living adjustment. Title VI: Community, Farmer, and Worker Transition Assistance - Directs the Secretary to make grants to States for economic development assistance to tobacco-growing communities, including: (1) rural business development; (2) down payment loan assistance; (3) farm and off-farm employment; (4) infrastructure, facilities, and services expansion; (5) alternative crop development; and (6) technical assistance. (Sec. 602) Provides for: (1) a tobacco worker transition program; (2) farmer education opportunity grants; and (3) research grants for alternative uses of tobacco production and processing equipment. Title VII: Tax Treatment for Payments for Lost Tobacco Quota - Amends the Internal Revenue Code to exclude lost tobacco quota payments from gross income. Reduces farm property basis by amounts so excluded. Title VIII: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation.
Bill· HRH.R. 3247 (105th)referred
United States · United States Congress · 24 February 1998
Community Safety Act of 1998 - Amends title XI of the Social Security Act to exempt from certain (anti-kickback) criminal penalties any hospital remunerations to an ambulance provider owned or operated by a State or local government or tax-exempt charitable organization that are in kind replenishments of certain ambulance drugs and supplies used during the transport of a patient to the hospital. Prohibits the determination of such remuneration in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or part under a Federal health care program.
Bill· HRH.R. 3222 (105th)referred
United States · United States Congress · 12 February 1998
Highway Infrastructure Privatization Act - Amends the Internal Revenue Code to provide for the treatment of a qualified highway infrastructure project bond as an exempt facility bond. Directs the Secretary of the Treasury to select no more than 15 highway infrastructure projects as pilot projects eligible for tax-exempt financing.
Bill· HRH.R. 3179 (105th)open
United States · United States Congress · 11 February 1998
Airport Environmental and Community Fairness Act - Declares that the granting of additional slots for air service at LaGuardia Airport in New York shall be considered a major Federal action significantly affecting the quality of the human environment and requiring an environmental impact statement for purposes of the National Environmental Policy Act of 1969. Declares invalid the Secretary of Transportation's order 97-10-17 granting slot exemptions at such airport.
Bill· SS. 1609 (105th)referred
United States · United States Congress · 4 February 1998
Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) serve as the first authorization in a series of computing, information, and communication technology initiatives outlined in the High-Performance Computing Act of 1991 (HPCA); and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program on computer network infrastructure, high-speed data access, and networking technology. Directs the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet (created under the HPCA) to assess the extent to which: (1) the Next Generation Internet program (program) carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or small population areas that are greater than those imposed on users in large population areas or areas closer to network facilities) and technology transfer to and from the private sector; and (2) the role of each Federal department and agency involved in implementing the program is clear, complementary, and non-duplicative, as well as the extent to which each such department and agency concurs with the role of each other participating department or agency. Requires the Advisory Committee to assess program implementation and report at least annually to the President and specified congressional committees. Authorizes appropriations for FY 1999 and 2000 for the program.
Bill· HRH.R. 3160 (105th)open
United States · United States Congress · 4 February 1998
Airline Competition and Lower Fares Act - Directs the Secretary of Transportation to determine whether the demand among air carriers for slots at LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, and Metropolitan Washington Airport (commonly known as Washington National Airport) can be met with the slots available to the Secretary. Requires the Secretary, if the demand among dominant air carriers for slots at such an airport cannot be met with the slots available to the Secretary, to withdraw from such carriers up to ten percent of such slots at that airport for redistribution to new entrants and limited incumbents through auction on a competitive bidding basis, as long as the redistribution of the additional slots significantly increases competition between air carriers. Prohibits withdrawal of any slots used for international flights or for direct flights to a low-competition airport. (Sec. 4) Prohibits slots obtained under this Act from being considered an asset (including for collateral) for any agreement which would require its forfeiture, or in any bankruptcy proceeding. (Sec. 5) Directs the Secretary to complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1997, and after such date, but before the enactment of this Act. Directs the Secretary, after notice and opportunity for a hearing, to enjoin any action that is found to be a predatory practice. Directs the Secretary to report biannually to the Congress about such complaints. (Sec. 8) Directs the Secretary to initiate a rulemaking to determine whether the application of the 80-percent rule with respect to the allocation of airport slots promotes, hinders, or has no effect on airline competition. Directs the Secretary to report annually to the Congress on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. (Sec. 9) Prohibits the Secretary from issuing or approving any regulation or exemption in carrying out this Act which would increase airplane noise in communities surrounding an airport. (Sec. 10) Amends Federal aviation law provisions prohibiting State regulation of air prices, routes, and services to declare that such provisions shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.
Bill· HRH.R. 3147 (105th)referred
United States · United States Congress · 3 February 1998
TABLE OF CONTENTS: Title I: Saint Lawrence Seaway Corporation Title II: Great Lakes Development Bank Binational Great Lakes-Seaway Enhancement Act of 1998 - Authorizes the President to enter into an executive agreement with Canada to establish as binational corporations the Saint Lawrence Seaway Corporation and the Great Lakes Development Bank. Sets forth certain guiding negotiating principles with respect to such agreement, including: (1) improvement of operational coordination among assets of the United States and Canada on the Saint Lawrence Seaway; (2) assurance of navigational safety on the Seaway; and (3) enhancement of the competitiveness of the Seaway as a transportation route for world trade. Requires presidential approval and congressional review of the agreement. Title I: Saint Lawrence Seaway Corporation - Sets forth the functions of the Corporation, including to: (1) operate and improve the assets of the United States and Canada on the Saint Lawrence Seaway; (2) facilitate safe navigation on the Seaway; and (3) promote domestic and international trade involving the Great Lakes States and Great Lakes Provinces. (Sec. 105) Provides for: (1) Corporation adoption of all labor agreements involving Saint Lawrence Seaway Development Corporation (SLSDC) employees; (2) termination rights of SLSDC employees; (3) basic pay for SLSDC employees; and (4) SLSDC employee health and retirement benefits. (Sec. 111) Declares that all SLSDC regulations, and rights and responsibilities of SLSDC under the agreement, shall continue and become a part of the Corporation. (Sec. 114) Repeals the Saint Lawrence Seaway Act (effectively eliminating the Saint Lawrence Seaway Development Corporation). (Sec. 115) Authorizes appropriations. Title II: Great Lakes Development Bank - Sets forth the functions of the Great Lakes Development Bank, including to: (1) provide loans and other assistance to the Seaway and public and private entities that are involved in maritime commerce in the Great Lakes and Seaway regions; and (2) facilitate maritime commerce-related investment there. (Sec. 212) Prohibits the United States from subscribing to shares of capital stock of the Bank. Authorizes the Secretary of Transportation, subject to advance appropriations, to make direct loans to the Bank. (Sec. 216) Grants U.S. district courts original and exclusive jurisdiction over civil actions brought in the United States by or against the Bank. (Sec. 218) Authorizes appropriations.
Bill· SS. 1592 (105th)referred
United States · United States Congress · 29 January 1998
Amends Federal air commerce and aviation safety law to revise the term "public aircraft" to include government-owned aircraft transporting passengers for non-commercial purposes if the aircraft is operated: (1) by the National Guard or the National Aeronautics and Space Administration; or (2) for prisoner transport.
Bill· SS. 1584 (105th)referred
United States · United States Congress · 29 January 1998
Aviation Medical Assistance Act of 1998 - Directs the Administrator of the Federal Aviation Administration (FAA) to review and reevaluate FAA regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment. Requires the Administrator to issue a notice of proposed rulemaking to make any revisions to such regulations as a result of such reevaluation. Requires major air carriers to make a good faith effort to report monthly to the Administrator, over the course of a year, regarding deaths on aircrafts. Requires the Administrator to make a decision whether automatic external defibrillators should be required on aircraft and at airports. Prohibits the Administrator from requiring them on helicopters and on aircraft with a maximum payload capacity of 7,500 pounds or less. Declares that an individual shall not be liable for damages in any action brought in Federal or State court arising out of acts or omissions in providing or attempting to provide assistance to a passenger in an in-flight medical emergency, except for gross negligence or willful misconduct.