I
106TH CONGRESS
1ST SESSION
H. R. 3085
To provide discretionary spending offsets for fiscal year 2000.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 14, 1999
Mr. TERRY (for himself and Mr. DEMINT) introduced the following bill; which
was referred to the Committee on Ways and Means, and in addition to
the Committees on Agriculture, Transportation and Infrastructure, Re-
sources, Commerce, Education and the Workforce, and the Budget, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide discretionary spending offsets for fiscal year
2000.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Discretionary Spend-
ing Offsets Act for Fiscal Year 2000’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—OFFSETS FOR DISCRETIONARY SPENDING
Subtitle A—Agriculture
PART I—FOOD SAFETY INSPECTION AND ENFORCEMENT FEES
Sec. 111. Fees for inspection of poultry and poultry products and related activi-
ties.
Sec. 112. Fees for inspection of livestock, meat, and meat products and related
activities.
Sec. 113. Fees for inspection of egg products and related activities.
Sec. 114. Conforming amendments.
PART II—ASSESSMENTS UNDER TOBACCO PROGRAM
Sec. 121. Extension and increase in tobacco assessment.
PART III—ANIMAL AND PLANT HEALTH INSPECTION SERVICE COST-SHARE
FEES
Sec. 131. Biotechnology testing permit user fees regarding plant pests.
Sec. 132. Biotechnology testing permit user fees regarding plants.
Sec. 133. Fees for license and registration services under Animal Welfare Act.
PART IV—GRAIN INSPECTION, PACKERS, AND STOCKYARD ADMINISTRATION
LICENSING FEE
Sec. 141. Grain standardization fees.
Sec. 142. Packers and stockyard licensing fee.
PART V—FOREST SERVICE FEES
Sec. 151. Timber sales preparation user fee.
Sec. 152. Fees for commercial filming.
Sec. 153. Timber and special forest products.
Sec. 154. Forest service visitor facilities improvement demonstration program.
Sec. 155. Fair market value for recreation concessions.
Subtitle B—Commerce
PART I—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NAVIGATION SERVICES FEES
Sec. 211. Navigation services fees.
PART II—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
FISHERIES MANAGEMENT FEES
Sec. 221. Fisheries management fees.
PART III—ANALOG TELEVISION SERVICE SIGNAL LEASE FEE
Sec. 231. Analog television service signal lease fee.
Subtitle C—Education and Labor
PART I—NATIONAL DIRECTORY OF NEW HIRES
Sec. 311. Matching against NDNH with respect to defaulted loans and over-
payments of grants under the Higher Education Act of 1965.
PART II—RECALL OF FEDERAL RESERVES HELD BY GUARANTY AGENCIES
Sec. 321. Recall of reserves in fiscal years 2000 through 2004.
PART III—EMPLOYER TAX CREDIT USER FEES
Sec. 331. Work opportunity credit and welfare-to-work credit user fees.
Subtitle D—Natural Resource, Energy, and Environment
PART I—NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL
CHARGES
Sec. 411. Nuclear Regulatory Commission user fees and annual charges.
PART II—FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT FEES
Sec. 421. Federal Insecticide, Fungicide, and Rodenticide Act fees.
Sec. 422. Conforming amendment.
PART III—TOXIC SUBSTANCES CONTROL ACT FEES
Sec. 431. Toxic Substances Control Act fees.
Subtitle E—Revenue
PART I—REINSTATE SUPERFUND TAXES
Sec. 511. Extension of Hazardous Substance Superfund taxes.
PART II—TOBACCO EXCISE TAXES
Sec. 521. Increase in excise taxes on tobacco products.
Sec. 522. Modification of deposit requirement.
PART III—CUSTOMS ACCESS FEE
Sec. 531. Customs access fee.
PART IV—CUSTOMS AIR AND SEA PASSENGER PROCESSING FEE
AMENDMENTS
Sec. 541. Customs passenger and cargo fee.
PART V—HARBOR SERVICES USER FEE
Sec. 551. Harbor services fee.
Sec. 552. Harbor services fund.
Sec. 553. Conforming amendments.
Sec. 554. Definitions.
Sec. 555. Effective date.
Subtitle F—Human Services
PART I—SOCIAL SECURITY ADMINISTRATION CLAIMANT REPRESENTATIVE
FEES
Sec. 611. Assessment on attorneys who receive their fees via the Social Security
Administration.
PART II—TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AMENDMENTS
Sec. 621. FY 2000 State TANF supplemental grant limited to amount of grant
for FY 1999.
PART III—TEMPORARY ASSISTANCE FOR NEEDY FAMILIES CONTINGENCY
FUND
Sec. 631. Deposits into fund.
Sec. 632. State eligibility for grants; elimination of extra month of eligibility.
Sec. 633. Annual reconciliation.
Sec. 634. Effective date.
Subtitle G—Health Care
PART I—MEDICARE SAVERS
Sec. 711. References in part.
Sec. 712. Reduction of clinical diagnostic laboratory test cap from 74 percent
to 72 percent.
Sec. 713. Establishment of national limit on payments for prosthetics and
orthotics.
Sec. 714. Reduction in payment for bad debts.
Sec. 715. PPS hospital payment update for fiscal year 2000.
Sec. 716. No markup for covered drugs; elimination of overpayments for
epogen.
Sec. 717. Partial hospitalization services.
Sec. 718. Information requirements.
Sec. 719. Centers of excellence.
Sec. 719A. Effect of enactment.
PART II—FOOD AND DRUG ADMINISTRATION USER FEES
Sec. 720. References in part.
SUBPART A—MEDICAL DEVICE FEES
Sec. 721. Short title.
Sec. 722. Fees relating to devices.
Sec. 723. Sunset.
SUBPART B—FEES TO SUPPORT COSTS OF REVIEW OF FOOD AND COLOR
ADDITIVE PETITIONS
Sec. 725. Short title.
Sec. 726. Fees to support costs of food and color additive petitions.
Sec. 727. Registration of food ingredient and color additive producers.
Sec. 728. Amendments relating to food additive petition review process.
Sec. 728A. Amendments relating to color additive petition review process.
SUBPART C—FOOD CONTACT SUBSTANCE NOTIFICATION FEES
Sec. 729. Short title.
Sec. 729A. Fees relating to food contact substance notifications.
Sec. 729B. Amendment relating to food contact substance notification process.
PART III—HEALTH CARE FINANCING ADMINISTRATION USER FEES
Sec. 731. References in part.
Sec. 732. Increase in Medicare+Choice fee for enrollment-related costs.
Sec. 733. Collection of fees from Medicare+Choice organizations for contract
initiation and renewal.
Sec. 734. Fees for survey and certification.
Sec. 735. Fees for registration of individuals and entities providing health care
items or services under medicare.
Sec. 736. Fees for processing claims.
Sec. 737. Repeal of provision related to selection of regional laboratory carriers.
Sec. 738. Authority to issue interim final regulations.
Subtitle H—Transportation
PART I—FEDERAL AVIATION ADMINISTRATION COST-BASED USER FEES
Sec. 811. Federal Aviation Administration cost-based user fees.
PART II—COAST GUARD VESSEL NAVIGATION ASSISTANCE FEE
Sec. 821. Coast Guard vessel navigational assistance fee.
PART III—HAZARDOUS MATERIALS TRANSPORTATION SAFETY FEES
Sec. 831. Hazardous materials transportation safety fees.
PART IV—COMMERCIAL ACCIDENT INVESTIGATION FEES
Sec. 841. Commercial accident investigation user fees.
PART V—SURFACE TRANSPORTATION BOARD USER FEES
Sec. 851. Surface Transportation Board user fees.
PART VI—RAIL SAFETY USER FEES
Sec. 861. Rail safety inspection user fees.
TITLE II—BUDGET PROVISIONS
Sec. 2001. Reduction of preexisting balances on paygo scorecard.
TITLE I—OFFSETS FOR
DISCRETIONARY SPENDING
Subtitle A—Agriculture
PART I—FOOD SAFETY INSPECTION AND
ENFORCEMENT FEES
SEC. 111. FEES FOR INSPECTION OF POULTRY AND POUL-
TRY PRODUCTS AND RELATED ACTIVITIES.
(a) USER FEES AUTHORIZED.—Section 25 of the
Poultry Products Inspection Act (21 U.S.C. 468) is
amended to read as follows:
‘‘SEC. 25. FEES FOR INSPECTION OF POULTRY AND POUL-
TRY PRODUCTS AND RELATED ACTIVITIES.
‘‘(a) IMPOSITION AND COLLECTION OF FEES.—Ex-
cept as provided in subsection (e), the Secretary shall
charge and collect fees in a fair and equitable manner to
cover all costs (including the costs of providing inspection
services to establishments and of conducting enforcement
actions) incurred by the Secretary and the inspection serv-
ice to administer this Act.
‘‘(b) COLLECTION OF FEES.—Fees imposed under
subsection (a), as well as late payment penalties and inter-
est with respect to the fees, shall be collected by the Sec-
retary and deposited in a special fund in the Treasury of
the United States.
‘‘(c) AVAILABILITY AND USE OF FUNDS.—Amounts
in the special fund established under subsection (b) are
available to the Secretary for obligation only to the extent
and in the amount provided in advance in appropriation
Acts. Amounts so appropriated shall remain available to
the Secretary until expended to pay for the costs of activi-
ties for which a fee is imposed under subsection (a).
‘‘(d) SECURITY.—The Secretary may require a per-
son that is assessed a fee under subsection (a) to provide
security to ensure that the Secretary receives the fees im-
posed under such subsection from the person.
‘‘(e) FEE EXCEPTION FOR CERTAIN ACTIVITIES.—
Subsection (a) shall not apply to the costs associated with
cooperating with State agencies and other Federal agen-
cies in accordance with section 5 and the costs of the Safe
Meat and Poultry Inspection Panel incurred under section
30.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
26 of the Poultry Products Inspection Act (21 U.S.C.
469) is amended to read as follows:
‘‘SEC. 26. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are hereby authorized to be appropriated such
sums as may be necessary to carry out sections 5 and
30.’’.
(c) ANNUAL REPORT.—Section 27 of the Poultry
Products Inspection Act (21 U.S.C. 470) is amended to
read as follows:
‘‘SEC. 27. ANNUAL REPORT.
‘‘The Secretary shall annually report to the Com-
mittee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate with respect to the following:
‘‘(1) The slaughter of poultry subject to this
Act.
‘‘(2) The preparation, storage, handling, and
distribution of poultry parts and poultry products.
‘‘(3) The inspection of establishments operated
in connection with the activities specified in para-
graphs (1) and (2).
‘‘(4) Fee setting activities authorized under sec-
tion 25.
‘‘(5) The operations under and the effectiveness
of this Act.’’.
SEC. 112. FEES FOR INSPECTION OF LIVESTOCK, MEAT,
AND MEAT PRODUCTS AND RELATED ACTIVI-
TIES.
(a) USER FEES AUTHORIZED.—Section 411 of the
Federal Meat Inspection Act (21 U.S.C. 680) is amended
to read as follows:
‘‘SEC. 411. FEES FOR INSPECTION OF LIVESTOCK, MEAT,
AND MEAT PRODUCTS AND RELATED ACTIVI-
TIES.
‘‘(a) IMPOSITION AND COLLECTION OF FEES.—Ex-
cept as provided in subsection (e), the Secretary shall
charge and collect fees in a fair and equitable manner to
cover all costs (including the costs of providing inspection
services to establishments and of conducting enforcement
actions) incurred by the Secretary to administer this Act
and section 17 of the Wholesome Meat Act (21 U.S.C.
691).
‘‘(b) COLLECTION OF FEES.—Fees imposed under
subsection (a), as well as late payment penalties and inter-
est with respect to the fees, shall be collected by the Sec-
retary and deposited in a special fund in the Treasury of
the United States.
‘‘(c) AVAILABILITY AND USE OF FUNDS.—Amounts
in the special fund established under subsection (b) are
available to the Secretary for obligation only to the extent
and in the amount provided in advance in appropriation
Acts. Amounts so appropriated shall remain available to
the Secretary until expended to pay for the costs of activi-
ties for which a fee is imposed under subsection (a).
‘‘(d) SECURITY.—The Secretary may require a per-
son that is assessed a fee under subsection (a) to provide
security to ensure that the Secretary receives the fees im-
posed under such subsection from the person.
‘‘(e) FEE EXCEPTION FOR CERTAIN ACTIVITIES.—
Subsection (a) shall not apply to the costs associated with
cooperating with State agencies and other Federal agen-
cies in accordance with section 301 and the costs of the
Safe Meat and Poultry Inspection Panel established under
section 410.’’.
(b) AUTHORIZATION
OF
APPROPRIATIONS.—The
Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is
amended—
(1) in section 410 (21 U.S.C. 679a), by striking
subsection (i); and
(2) by inserting after section 411 (21 U.S.C.
680) the following new section:
‘‘SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are hereby authorized to be appropriated such
sums as may be necessary to carry out sections 301 and
410.’’.
(c) ANNUAL REPORT.—Section 17 of the Wholesome
Meat Act (21 U.S.C. 691) is amended to read as follows:
‘‘SEC. 17. ANNUAL REPORT.
‘‘The Secretary of Agriculture shall annually report
to the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate with respect to the following:
‘‘(1) The slaughter of animals subject to the
Federal Meat Inspection Act (21 U.S.C. 601 et
seq.).
‘‘(2) The preparation, storage, handling, and
distribution of carcasses, parts thereof, and meat
and meat food products of such animals.
‘‘(3) The inspection of establishments operated
in connection with the activities specified in para-
graphs (1) and (2).
‘‘(4) Fee setting activities authorized under sec-
tion 411 of the Federal Meat Inspection Act.
‘‘(5) The operations under and the effectiveness
of the Federal Meat Inspection Act.’’.
SEC. 113. FEES FOR INSPECTION OF EGG PRODUCTS AND
RELATED ACTIVITIES.
(a) USER FEES AUTHORIZED.—Section 24 of the
Egg Products Inspection Act (21 U.S.C. 1053) is amend-
ed to read as follows:
‘‘SEC. 24. FEES FOR INSPECTION OF EGG PRODUCTS AND
RELATED ACTIVITIES.
‘‘(a) IMPOSITION AND COLLECTION OF FEES.—Ex-
cept as provided in subsection (e), the Secretary shall
charge and collect fees in a fair and equitable manner to
cover all costs (including the costs of providing inspection
services to establishments and of conducting enforcement
actions) incurred by the Secretary to administer this Act
‘‘(b) COLLECTION OF FEES.—Fees imposed under
subsection (a), as well as late payment penalties and inter-
est with respect to the fees, shall be collected by the Sec-
retary and deposited in a special fund in the Treasury of
the United States.
‘‘(c) AVAILABILITY AND USE OF FUNDS.—Amounts
in the special fund established under subsection (b) are
available to the Secretary for obligation only to the extent
and in the amount provided in advance in appropriation
Acts. Amounts so appropriated shall remain available to
the Secretary until expended to pay for the costs of activi-
ties for which a fee is imposed under subsection (a).
‘‘(d) SECURITY.—The Secretary may require a per-
son that is assessed a fee under subsection (a) to provide
security to ensure that the Secretary receives the fees im-
posed under such subsection from the person.
‘‘(e) FEE EXCEPTION FOR CERTAIN ACTIVITIES.—
Subsection (a) shall not apply to the costs associated with
the shell egg surveillance program and the costs of cooper-
ating with appropriate State agencies and other govern-
mental agencies in accordance with section 9.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
27 of the Egg Products Inspection Act (21 U.S.C. 1055),
to read as follows:
‘‘SEC. 27. AUTHORIZATION OF APPROPRIATIONS.
‘‘Except for the costs of activities supported by fees
collected pursuant to section 24, there are authorized to
be appropriated such sums as may be necessary to carry
out this Act.’’.
(c) ANNUAL REPORT.—Section 26 of the Egg Prod-
ucts Inspection Act (21 U.S.C. 1054) is amended—
(1) in paragraph (1), by striking ‘‘; and’’ and
inserting a semicolon;
(2) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(3) by inserting at the end the following new
paragraph:
‘‘(3) the fee setting activities authorized under
section 24.’’.
SEC. 114. CONFORMING AMENDMENTS.
(a) PAYMENT FOR OVERTIME WORK.—The Act of
July 24, 1919 (7 U.S.C. 394), is amended by striking ‘‘,
and to accept from such establishments,’’ and all that fol-
lows through ‘‘for such overtime work’’.
(b) PAYMENTS OF COST OF MEAT INSPECTION.—
The Act of June 5, 1948 (21 U.S.C. 695), is repealed.
PART II—ASSESSMENTS UNDER TOBACCO
PROGRAM
SEC. 121. EXTENSION AND INCREASE IN TOBACCO ASSESS-
MENT.
Section 106 of the Agricultural Act of 1949 (7 U.S.C.
1445) is amended by adding at the end the following new
subsection:
‘‘(h) TOBACCO MARKETING ASSESSMENT FOR 1999
AND SUBSEQUENT CROPS.—
‘‘(1) ASSESSMENT REQUIRED.—For each crop
of tobacco beginning with the 1999 crop for which
price support is made available under this Act, each
producer and purchaser of the tobacco, and each im-
porter of the same kind of tobacco, shall remit to the
Commodity Credit Corporation a nonrefundable
marketing assessment.
‘‘(2) DETERMINATION OF ASSESSMENT RATE.—
Subject to paragraph (3), the Secretary shall an-
nounce the amount per pound due by crop for each
kind of tobacco subject to the assessment. The as-
sessment, to the maximum extent practicable, shall
be established so that the total assessment per
pound on each kind of tobacco shall be a standard
percentage of the respective national average sup-
port level for such kind of tobacco.
‘‘(3) REQUIRED
COLLECTIONS.—The assess-
ment required by this subsection shall be in such
amount to produce, to the maximum extent prac-
ticable, a total annual collection estimated to be
$60,000,000 in fiscal year 2000.
‘‘(4) ALLOCATION OF ASSESSMENT.—
‘‘(A) DOMESTIC PRODUCERS.—In the case
of domestically produced tobacco, the producer
of the tobacco shall pay for each pound of to-
bacco the lesser of—
‘‘(i) 25 percent of the per pound as-
sessment amount as determined in para-
graph (2); or
‘‘(ii) 0.5 percent of the national sup-
port price for the tobacco.
‘‘(B) 
PURCHASERS
OF
DOMESTICALLY
PRODUCED TOBACCO.—Purchasers of domesti-
cally produced tobacco shall pay the portion of
the total assessment on a pound of tobacco
which represents the difference between
‘‘(i) the total per pound assessment as
provided in paragraph (2); and
‘‘(ii) the amount of such assessment
to be paid by the domestic producer as
provided in subparagraph (A).
‘‘(C) IMPORTED TOBACCO.—In the case of
imported tobacco, the importer shall pay the
full amount of the assessment on a pound of to-
bacco as provided in paragraph (2).
‘‘(5) COLLECTION OF ASSESSMENTS.—Assess-
ments imposed under this subsection, as well as late
payment penalties and interest with respect to the
assessments, shall be collected by the Secretary and
deposited in a special fund in the Treasury of the
United States.
‘‘(6) AVAILABILITY
AND
USE
OF
FUNDS.—
Amounts in the special fund established under para-
graph (5) are available to the Secretary for obliga-
tion only to the extent and in the amount provided
in advance in appropriation Acts. Amounts so appro-
priated shall remain available to the Secretary until
expended to reimburse the Department of Agri-
culture for costs incurred for administration and
other activities in support of tobacco.
‘‘(7) RELATION TO PREVIOUS ASSESSMENT AU-
THORITY.—Paragraphs (2) and (3) of subsection (g)
shall apply to this subsection.’’.
PART III—ANIMAL AND PLANT HEALTH
INSPECTION SERVICE COST-SHARE FEES
SEC. 131. BIOTECHNOLOGY TESTING PERMIT USER FEES
REGARDING PLANT PESTS.
The Federal Plant Pest Act (7 U.S.C. 150aa et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 112. FEES FOR BIOTECHNOLOGY-RELATED SERVICES.
‘‘(a) FEES REQUIRED.—The Secretary shall pre-
scribe and collect to cover the costs of carrying out the
provisions of this title that relate to the following:
‘‘(1) The issuance of any biotechnology permit.
‘‘(2) The acknowledgment of any biotechnology
notification.
‘‘(3) The review of any biotechnology petition.
‘‘(4) The provision of any other biotechnology
service, including the review of organisms and prod-
ucts created through biotechnology.
‘‘(b) EXEMPTIONS.—The Secretary may exempt cer-
tain persons from paying fees prescribed under this sec-
tion, including persons conducting research and develop-
ment activities that receive State or Federal funds and
have no commercial intent.
‘‘(c) LIABILITY.—Any person for whom an activity is
performed pursuant to this title for which a charge is au-
thorized shall be liable for payment of fees as prescribed
by the Secretary.
‘‘(d) SECURITY.—The Secretary may require a per-
son that is assessed a fee under subsection (a) to provide
security to ensure that the Secretary receives the fees im-
posed under such subsection from the person.
‘‘(e) SUSPENSION OF SERVICE.—The Secretary may
suspend performance of services to persons who have
failed to pay fees, late payment fees, late payment pen-
alties, or accrued interest incurred under this section.
‘‘(f) COLLECTION OF FEES.—Fees imposed under
subsection (a), as well as late payment penalties and inter-
est with respect to the fees, shall be collected by the Sec-
retary and deposited in a special fund in the Treasury of
the United States.
‘‘(g) AVAILABILITY AND USE OF FUNDS.—Amounts
in the special fund established under subsection (f) are
available to the Secretary for obligation only to the extent
and in the amount provided in advance in appropriation
Acts. Amounts so appropriated shall remain available to
the Secretary until expended to pay for the costs of activi-
ties for which a fee is imposed under subsection (a).
‘‘(h) DEFINITION OF PERSON.—In this section, the
term ‘person’ means an individual, corporation, partner-
ship, trust, association, or any other public or private enti-
ty, except that the term does not include Federal entities,
or any officer, employee, or agent of a Federal entity.’’.
SEC. 132. BIOTECHNOLOGY TESTING PERMIT USER FEES
REGARDING PLANTS.
The Act of August 20, 1912 (commonly known as
the Plant Quarantine Act) is amended by inserting after
section 11 the following new section:
‘‘SEC. 12. FEES FOR BIOTECHNOLOGY-RELATED SERVICES.
‘‘(a) FEES REQUIRED.—The Secretary shall pre-
scribe and collect to cover the costs of carrying out the
provisions of this title that relate to the following:
‘‘(1) The issuance of any biotechnology permit.
‘‘(2) The acknowledgment of any biotechnology
notification.
‘‘(3) The review of any biotechnology petition.
‘‘(4) The provision of any other biotechnology
service, including the review of organisms and prod-
ucts created through biotechnology.
‘‘(b) EXEMPTIONS.—The Secretary may exempt cer-
tain persons from paying fees prescribed under this sec-
tion, including persons conducting research and develop-
ment activities that receive State or Federal funds and
have no commercial intent.
‘‘(c) LIABILITY.—Any person for whom an activity is
performed pursuant to this title for which a charge is au-
thorized shall be liable for payment of fees as prescribed
by the Secretary.
‘‘(d) SECURITY.—The Secretary may require a per-
son that is assessed a fee under subsection (a) to provide
security to ensure that the Secretary receives the fees im-
posed under such subsection from the person.
‘‘(e) SUSPENSION OF SERVICE.—The Secretary may
suspend performance of services to persons who have
failed to pay fees, late payment fees, late payment pen-
alties, or accrued interest incurred under this section.
‘‘(f) COLLECTION OF FEES.—Fees imposed under
subsection (a), as well as late payment penalties and inter-
est with respect to the fees, shall be collected by the Sec-
retary and deposited in a special fund in the Treasury of
the United States.
‘‘(g) AVAILABILITY AND USE OF FUNDS.—Amounts
in the special fund established under subsection (f) are
available to the Secretary for obligation only to the extent
and in the amount provided in advance in appropriation
Acts. Amounts so appropriated shall remain available to
the Secretary until expended to pay for the costs of activi-
ties for which a fee is imposed under subsection (a).
‘‘(h) DEFINITION OF PERSON.—In this section, the
term ‘person’ means an individual, corporation, partner-
ship, trust, association, or any other public or private enti-
ty, except that the term does not include Federal entities,
or any officer, employee, or agent of a Federal entity.’’.
SEC. 133. FEES FOR LICENSE AND REGISTRATION SERV-
ICES UNDER ANIMAL WELFARE ACT.
Section 23 of the Animal Welfare Act (7 U.S.C.
2153) is amended to read as follows:
‘‘SEC. 23. FUNDS FOR ADMINISTRATION OF ACT.
‘‘(a) IMPOSITION AND COLLECTION OF FEES.—Ex-
cept as provided in subsection (b), the Secretary shall pre-
scribe, adjust, and collect fees to cover the costs incurred
by the Secretary for activities related to the following:
‘‘(1) The review and maintenance of licenses
and registrations issued under this Act.
‘‘(2) The review of applications for a license or
registration under this Act.
‘‘(b) EXCEPTIONS.—The Secretary shall exempt Fed-
eral entities from any fee prescribed under subsection (a).
‘‘(c) SECURITY.—The Secretary may require a person
that is assessed a fee under this section to provide security
to ensure that the Secretary receives fees authorized under
this section from such person.
‘‘(d) COLLECTION OF FEES.—Fees imposed under
subsection (a), as well as late payment penalties and inter-
est with respect to the fees, shall be collected by the Sec-
retary and deposited in a special fund in the Treasury of
the United States.
‘‘(e) AVAILABILITY AND USE OF FUNDS.—Amounts
in the special fund established under subsection (d) are
available to the Secretary for obligation only to the extent
and in the amount provided in advance in appropriation
Acts. Amounts so appropriated shall remain available to
the Secretary until expended to pay for the costs of activi-
ties for which a fee is imposed under subsection (a).
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Except
for the costs of activities supported by fees prescribed
under subsection (a), there are authorized to be appro-
priated such sums as may be necessary to carry out this
Act.’’.
PART IV—GRAIN INSPECTION, PACKERS, AND
STOCKYARD ADMINISTRATION LICENSING FEE
SEC. 141. GRAIN STANDARDIZATION FEES.
(a) FEES FOR STANDARDIZATION ACTIVITIES.—Sec-
tion 16(i) of the United States Grain Standards Act (7
U.S.C. 87e(i)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘standardization’’ and in-
serting ‘‘compliance activities, methods develop-
ment,’’; and
(B) by adding at the end the following new
sentence: ‘‘Under such regulations as the Sec-
retary may prescribe, fees for standardization
activities shall, to the extent practicable, be col-
lected from persons who benefit from such ac-
tivities, including first purchasers, processors,
and grain warehouseman.’’; and
(2) by adding at the end the following new
paragraph:
‘‘(4) In paragraph (2):
‘‘(A) The term ‘first purchaser’ means any per-
son buying or otherwise acquiring from a producer
grain that was produced by that producer.
‘‘(B) The term ‘producer’ means any person en-
gaged in the growing of grain in the United States
who has an ownership interest and a risk of loss re-
garding the grain.’’.
(b) CONFORMING AMENDMENTS.—The United States
Grain Standards Act (7 U.S.C. 71 et seq.) is amended—
(1) in section 7D (7 U.S.C. 79d), by striking
‘‘standardization’’ and inserting ‘‘methods develop-
ment’’; and
(2) in section 19 (7 U.S.C. 87h), by striking
‘‘standardization’’ and inserting ‘‘methods develop-
ment’’.
SEC. 142. PACKERS AND STOCKYARD LICENSING FEE.
(a) IN GENERAL.—The Packers and Stockyards Act,
1921, is amended—
(1) by redesignating sections 414 and 415 (7
U.S.C. 228c and 229) as sections 416 and 417, re-
spectively; and
(2) by inserting after section 413 (7 U.S.C.
228b–4) the following new sections:
‘‘SEC. 414. LICENSES AND FEES.
‘‘(a) LICENSE REQUIREMENT.—No person shall at
any time be engaged in the business of a packer, live poul-
try dealer, stockyard owner, market agency, or dealer
without a valid and effective license issued in accordance
with this section and section 415.
‘‘(b) APPLICATION FOR A LICENSE.—Any person de-
siring a license required by subsection (a) shall submit an
application to the Secretary, consistent with such rules as
the Secretary may prescribe.
‘‘(c) LICENSE FEES.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a fee for the issuance of licenses required by
subsection (a). Upon the filing of the application for
the license, and annually thereafter so long as the li-
cense is in effect, the applicant shall pay the license
fee.
‘‘(2) RATE.—The amount of the fee shall be es-
tablished at a rate sufficient so that the total
amount collected in a fiscal year covers all costs in-
curred by the Department of Agriculture to admin-
ister this Act.
‘‘(3) SECURITY.—The Secretary may require a
person that is assessed a fee under this subsection
to provide security to ensure that the Secretary re-
ceives the fees required from the person.
‘‘(d) COLLECTION OF FEES.—Fees imposed under
subsection (c), as well as late payment penalties and inter-
est with respect to the fees, shall be collected by the Sec-
retary and deposited in a special fund in the Treasury of
the United States.
‘‘(e) AVAILABILITY AND USE OF FUNDS.—Amounts
in the special fund established under subsection (d) are
available to the Secretary for obligation only to the extent
and in the amount provided in advance in appropriation
Acts. Amounts so appropriated shall remain available to
the Secretary until expended to carry out this Act.
‘‘(f) VIOLATIONS.—
‘‘(1) PENALTIES.—Any person who violates any
provision of this section shall be liable for a penalty
of not more than $1,000 for each such offense and
not more than $250 for each day it continues, which
shall accrue to the United States and may be recov-
ered in a civil suit brought by the United States.
‘‘(2) SETTLEMENT.—The Secretary may permit
a person to settle such person’s liability in the mat-
ter by the payment of fees due for the period cov-
ered by such violation and an additional sum as a
late payment penalty, not in excess of $250, to be
fixed by the Secretary, upon a showing satisfactory
to the Secretary, that such violation was not willful
but was due to inadvertence.
‘‘SEC. 415. TERMS OF LICENSE.
‘‘(a) RIGHTS OF LICENSEE.—Whenever an applicant
has paid the prescribed fee under section 414, the Sec-
retary, except as provided elsewhere in this Act, shall issue
to such applicant a license, which shall entitle the licensee
to do business unless and until the license is terminated
or suspended by the Secretary in accordance with the pro-
visions of this Act.
‘‘(b) AUTOMATIC TERMINATION OF LICENSE.—
‘‘(1) FAILURE TO PAY RENEWAL FEE.—Except
as provided in subparagraph (B), a license issued
under subsection (a) shall automatically terminate
on the anniversary date of the issuance of the license
if the annual fee is unpaid by the anniversary date.
‘‘(2) EXCEPTION.—A licensee may obtain a re-
newal of the license at any time within 30 days after
the anniversary date of the license by paying an ad-
ditional late payment fee as determined by the Sec-
retary.
‘‘(3) NOTIFICATION.—Notice of the necessity of
paying the annual fee shall be mailed to the licensee
at least 30 days before the anniversary date of the
license.
‘‘(c) DENIAL OF APPLICATION FOR A LICENSE.—The
Secretary shall refuse to issue a license to an applicant
if the Secretary finds that the applicant is a person who—
‘‘(1) has a license currently under suspension;
‘‘(2) fails to meet the requirements for licensing
as set forth in the Act and regulations prescribed by
the Secretary; or
‘‘(3) is found, after opportunity for hearing, to
be unfit to engage in the activity for which applica-
tion has been made because the applicant has en-
gaged in any practice of the character prohibited by
this Act.’’.
(b) CONFORMING AMENDMENTS.—
(1) PACKERS AND STOCKYARDS ACT.—Section
303 of the Packers and Stockyards Act, 1921 (7
U.S.C. 203), is amended by striking ‘‘he has reg-
istered with the Secretary,’’ and all that follows
through the end of the section and inserting ‘‘the
person has a valid license as provided in sections
414 and 415.’’.
(2) DEPARTMENT
OF
AGRICULTURE
APPRO-
PRIATION ACT, 1944.—The eleventh paragraph under
the heading ‘‘MARKETING SERVICE’’ in the De-
partment of Agriculture Appropriation Act, 1944 (7
U.S.C. 204), is amended—
(A) by striking ‘‘registrant’’ the first time
it appears and inserting ‘‘market agency or
dealer’’; and
(B) striking ‘‘such registrant’’ and insert-
ing ‘‘the license of such market agency or deal-
er’’.
PART V—FOREST SERVICE FEES
SEC. 151. TIMBER SALES PREPARATION USER FEE.
Section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a) is amended by adding at the
end the following new subsection:
‘‘(j) TIMBER SALE PREPARATION USER FEE.—
‘‘(1) FEE REQUIRED.—The Secretary of Agri-
culture shall implement a pilot program to charge
and collect fees, at the time of the timber contract
award, to cover the direct costs to the Department
of Agriculture of timber sale preparation and har-
vest administration, including timber design, layout,
and marking.
‘‘(2) CERTAIN COSTS AND SALES EXCLUDED.—
Paragraph (1) shall not apply to timber sale prepa-
ration and harvest administration costs related to
the following:
‘‘(A) An environmental analysis under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
‘‘(B) Stewardship activities, including ac-
tivities under section 347 of the Department of
the Interior and Related Agencies Appropria-
tions Act, 1999 (as contained in section 101(e)
of division A of Public Law 105–277; 16 U.S.C.
2104 note).
‘‘(C) Timber sales when the Secretary de-
termines that the fee would adversely affect the
marketability of the timber sale, or the ability
of a small business concern (as defined in the
Small Business Act (15 U.S.C. 631 et seq.)) to
bid competitively on the timber sale.
‘‘(3) COLLECTION
OF
FEES.—Fees imposed
under this section (c) shall be collected by the Sec-
retary and deposited in a special fund in the Treas-
ury of the United States.
‘‘(4) AVAILABILITY
AND USE
OF FUNDS.—
Amounts in the special fund established under para-
graph (3) are available to the Secretary for obliga-
tion only to the extent and in the amount provided
in advance in appropriation Acts. Amounts so appro-
priated shall remain available to the Secretary until
expended to pay for the activities referred to in
paragraph (1).
‘‘(5) TERM.—The authority to collect fees
under this subsection shall terminate on September
30, 2007.’’.
SEC. 152. FEES FOR COMMERCIAL FILMING.
(a) DEFINITION OF COMMERCIAL FILMING.—In this
section, the term ‘‘commercial filming’’ means the making
of any motion picture, television production, soundtrack,
still photography, or similar project for commercial pur-
poses.
(b) COLLECTION AND USE OF FUNDS.—
(1) IN GENERAL.—Rental fees paid to the Sec-
retary of Agriculture for special use authorizations
issued under the eleventh paragraph under the head-
ing ‘‘SURVEYING THE PUBLIC LANDS’’ in the Act of
June 4, 1897 (16 U.S.C. 551), and issued under
part 251, subpart B of title 36, Code of Federal
Regulations, for commercial filming on National
Forest System lands shall be deposited into a special
account in the Treasury of the United States.
(2) AUTHORITY TO USE FUNDS.—Funds depos-
ited in the Treasury in accordance with paragraph
(1) shall be available for expenditure by the Sec-
retary of Agriculture, without further appropriation
and until expended, for the administration and man-
agement of special uses on National Forest System
lands.
SEC. 153. TIMBER AND SPECIAL FOREST PRODUCTS.
Section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a) is amended by inserting after
subsection (j), as added by section 151, the following new
subsection:
‘‘(k) FAIR MARKET VALUE FOR SPECIAL FOREST
PRODUCTS.—
‘‘(1) DEFINITION OF SPECIAL FOREST PROD-
UCT.—In this subsection, the term ‘special forest
product’ means any vegetation or other life form,
such as mushrooms and fungi, that grows on Na-
tional Forest System lands, as provided in regula-
tions issued under this subsection by the Secretary
of Agriculture.
‘‘(2) FEES REQUIRED.—The Secretary of Agri-
culture shall charge and collect fees in an amount
determined to be appropriate by the Secretary in
regulations based on not less than the fair market
value for special forest products harvested or col-
lected on National Forest System lands and the
costs, as appropriate, to the Department of Agri-
culture associated with granting, modifying, or mon-
itoring the authorization for harvest or collection of
these products. The Secretary shall establish ap-
praisal methods and bidding procedures to ensure
that the amounts collected for special forest prod-
ucts are not less than fair market value.
‘‘(3) WAIVER.—The Secretary may waive the
application of paragraph (2) pursuant to such regu-
lations as the Secretary may prescribe, such as waiv-
ers for harvest and collection for personal use, for
religious purposes, pursuant to treaty rights, or for
other specified uses.
‘‘(4) COLLECTION
OF
FEES.—Fees collected
under this subsection shall be deposited into a spe-
cial account in the Treasury of the United States.
‘‘(5) AUTHORITY TO USE FUNDS.—Funds de-
posited in the special account in the Treasury in ac-
cordance with paragraph (4) in excess of the amount
collected for special forest products during fiscal
year 1999 shall be available for expenditure by the
Secretary of Agriculture on and after October 1,
1999, without further appropriation and until ex-
pended, to pay for the costs of conducting inven-
tories of special forest products, granting, modifying,
or monitoring the authorization for harvest or collec-
tion of the special forest products, including the
costs of any environmental or other analysis, moni-
toring and assessing the impacts of harvest levels
and methods, and for restoration activities, including
any necessary revegetation.
‘‘(6) TREATMENT OF FEES.—Amounts collected
under this subsection shall not be taken into account
for the purposes of the following laws:
‘‘(A) The sixth paragraph under the head-
ing ‘FOREST SERVICE’ in the Act of May 23,
1908 (16 U.S.C. 500) and section 13 of the Act
of March 1, 1911 (commonly known as the
Weeks Act; 16 U.S.C. 500).
‘‘(B) The fourteenth paragraph under the
heading ‘FOREST SERVICE’ in the Act of March
4, 1913 (16 U.S.C. 501).
‘‘(C) Section 33 of the Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1012).
‘‘(D) The Act of August 8, 1937, and the
Act of May 24, 1939 (43 U.S.C. 1181a et seq.).
‘‘(E) Section 6 of the Act of June 14,
1926 (commonly known as the Recreation and
Public Purposes Act; 43 U.S.C. 869–4).
‘‘(F) Chapter 69 of title 31, United States
Code.
‘‘(G) Section 401 of the Act of June 15,
1935 (16 U.S.C. 715s).
‘‘(H) Section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C.
460l–6a).
‘‘(I) Any other provision of law relating to
revenue allocation.
‘‘(7) SECURITY.—The Secretary may require a
person that is assessed a fee under this subsection
to provide security to ensure that the Secretary re-
ceives fees authorized under this subsection from
such person.’’.
SEC. 154. FOREST SERVICE VISITOR FACILITIES IMPROVE-
MENT DEMONSTRATION PROGRAM.
The Act of April 24, 1950 (commonly known as the
Granger-Thye Act) is amended by inserting after section
7 (16 U.S.C. 580d) the following new section:
‘‘SEC. 7A. FOREST SERVICE VISITOR FACILITIES IMPROVE-
MENT DEMONSTRATION PROGRAM.
‘‘(a) DEFINITION OF CONCESSIONAIRE.—In this sec-
tion, the term ‘concessionaire’ means an individual, cor-
poration, partnership, public agency, or nonprofit group.
‘‘(b) DEMONSTRATION PROGRAM REQUIRED.—The
Secretary of Agriculture (in this section referred to as the
‘Secretary’) shall implement a public/private venture dem-
onstration program to evaluate the feasibility of utilizing
non-Federal funds to construct, rehabilitate, maintain,
and operate federally owned visitor facilities (including re-
sorts, campgrounds, and marinas) on National Forest
System lands and to conduct the requisite environmental
analysis associated with those activities. The demonstra-
tion program shall include not more than 15 projects.
‘‘(c) AUTHORIZED PROJECTS.—In accordance with
the applicable land and resource management plans, the
Secretary shall authorize concessionaires to construct,
maintain, and operate new federally owned visitor facilities
and rehabilitate, maintain, and operate existing federally
owned visitor facilities on National Forest System lands.
Title to the authorized improvements attributable to the
concessionaire’s capital investment shall be vested in the
United States. The Secretary shall provide for competition
in the selection of any concessionaire under this section
to ensure the highest quality visitor services consistent
with the best financial return to the Government. Stand-
ard business practices will be used to determine minimum
fees that reflect fair market value.
‘‘(d) TERM
OF AUTHORIZATION
AND DEPRECIA-
TION.—
‘‘(1) TERM.—The term of each authorized
project under the demonstration program shall be
based on the Secretary’s estimate of the time needed
to allow the concessionaire to depreciate its capital
investment, except that in no event shall the term of
authorization exceed 35 years. Any term exceeding
20 years shall require Regional Forester approval.
‘‘(2) PURCHASE OF VALUE.—Any authorization
issued under this section shall provide for the pur-
chase by the Secretary or a succeeding conces-
sionaire of any value in the authorized improvements
attributable to the original concessionaire’s capital
investment that is not fully depreciated—
‘‘(A) upon termination of the authoriza-
tion; or
‘‘(B) upon revocation of the authorization
for reasons in the public interest.
‘‘(3) EXCEPTION.—The Secretary shall not be
obligated to purchase any value in an authorized im-
provement if the authorization is revoked for any
reason other than the public interest.
‘‘(4) DETERMINATION OF VALUE.—The value
of an authorized improvement shall be the amount
reported to the Internal Revenue Service that re-
flects the depreciation of the concessionaire’s invest-
ment in the authorized improvement. This amount
shall reflect all cumulative depreciation taken by the
concessionaire during the term of the authorization.
‘‘(e) DISPOSAL OF EXISTING FACILITIES.—Notwith-
standing any other provision of law, the Secretary is au-
thorized to sell at fair market value existing federally
owned visitor facilities on National Forest System lands
to a concessionaire authorized under this section, if the
Secretary determines sale of the facilities is in the best
interest of the Federal Government and if the conces-
sionaire agrees that any construction, renovation, or im-
provement of such facilities will be consistent with applica-
ble land and resource management plans and Federal and
State laws. The fair market value of the Federal improve-
ments shall be determined by an appraisal conducted by
an independent third party approved by the agency and
paid for by the concessionaire.
‘‘(f) CONCESSION FEES AND FACILITY SALES PRO-
CEEDS.—
‘‘(1) AMOUNT.—The Secretary shall charge and
collect concession fees established by bid as a per-
centage of the concessionaire’s gross revenue from
authorized activities associated with the bid.
‘‘(2) COLLECTION AND USE OF FUNDS.—Funds
collected in accordance with this subsection shall be
deposited as follows—
‘‘(A) not less than 60 percent of the
amounts collected, as determined by the Sec-
retary, into a special account in the Treasury of
the United States which shall be available for
expenditure by the Secretary on the unit of the
National Forest System in which the fees were
collected; and
‘‘(B) the balance of the amounts collected,
not distributed in accordance with subpara-
graph (A), into a special account in the Treas-
ury of the United States which shall be avail-
able for expenditure by the Secretary on an
agencywide basis.
‘‘(3) AUTHORITY TO USE FUNDS.—Funds de-
posited pursuant to paragraph (2) shall be available
without further appropriation and until expended for
the purpose of increased concession opportunities,
enhanced visitor services, including infrastructure at
nonfee recreation facilities, facilities maintenance,
project and program monitoring, environmental
analysis, and environmental restoration.
‘‘(g) BONDING.—Five years before the termination of
an authorization issued under this section, the Secretary
shall require bonding from the concessionaire to ensure
that federally owned facilities are in satisfactory condition
for future use by the Federal Government or a successor
concessionaire.
‘‘(h) REPORT
TO CONGRESS.—Within four years
after the date of the enactment of this section, the Sec-
retary shall submit a report to Congress evaluating the
demonstration program and providing recommendations
for permanent authority to undertake a public/private ven-
ture program.
‘‘(i) EXPIRATION
OF
AUTHORITY.—All activities
under this section shall expire not later than the end of
fiscal year 2031, except that the authority to issue new
authorizations under this section shall expire at the end
of fiscal year 2001.
‘‘(j) RELATION TO OTHER LAWS.—
‘‘(1) TREATMENT OF AMOUNTS COLLECTED.—
Amounts collected under this section shall not be
taken into account for the purposes of the following
laws:
‘‘(A) The sixth paragraph under the head-
ing ‘FOREST SERVICE’ in the Act of May 23,
1908 (16 U.S.C. 500) and section 13 of the Act
of March 1, 1911 (commonly known as the
Weeks Act; 16 U.S.C. 500).
‘‘(B) The fourteenth paragraph under the
heading ‘FOREST SERVICE’ in the Act of March
4, 1913 (16 U.S.C. 501).
‘‘(C) Section 33 of the Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1012).
‘‘(D) The Act of August 8, 1937, and the
Act of May 24, 1939 (43 U.S.C. 1181a et seq.).
‘‘(E) Section 6 of the Act of June 14,
1926 (commonly known as the Recreation and
Public Purposes Act; 43 U.S.C. 869–4).
‘‘(F) Chapter 69 of title 31, United States
Code.
‘‘(G) Section 401 of the Act of June 15,
1935 (16 U.S.C. 715s).
‘‘(H) Section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C.
460l–6a).
‘‘(I) Any other provision of law relating to
revenue allocation.
‘‘(2) EXEMPTION.—Activities under this section
shall qualify for exemption from the Service Con-
tract Act of 1965 (41 U.S.C. 351–358) under the
authority of section 4.133(b) of title 29, Code of
Federal Regulations.’’.
SEC. 155. FAIR MARKET VALUE FOR RECREATION CONCES-
SIONS.
(a) DEFINITION OF RECREATION CONCESSION.—In
this section, the term ‘‘recreation concession’’ means the
privilege of operating a business, other than a ski area,
for the provision of recreation services, facilities, or activi-
ties on National Forest System lands and waters.
(b) FEE REQUIRED.—The Secretary of Agriculture
shall charge and collect fees for recreation concessions
based on the fair market value of the privileges authorized.
(c) WAIVER.—The Secretary of Agriculture may
waive the application of subsection (b) pursuant to such
regulations as the Secretary may prescribe.
(d) COLLECTION AND USE OF FUNDS.—
(1) IN
GENERAL.—Fees collected under this
section shall be deposited into a special account in
the Treasury of the United States.
(2) AUTHORITY TO USE FUNDS.—Funds depos-
ited in the Treasury in accordance with paragraph
(1) in excess of the amount collected for recreation
concessions during fiscal year 1999 shall be available
for expenditure by the Secretary of Agriculture,
without further appropriation and until expended,
for the purpose of increased concession opportuni-
ties, enhanced visitor services, including infrastruc-
ture at nonfee recreation facilities, facilities mainte-
nance, project and program monitoring, interpretive
programs, environmental analysis, environmental
restoration, and permit administration.
Subtitle B—Commerce
PART I—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION NAVIGATION SERVICES FEES
SEC. 211. NAVIGATION SERVICES FEES.
(a) IN GENERAL.—Beginning in fiscal year 2000 and
each year thereafter, the Secretary of Commerce shall es-
tablish and adjust by regulation user fees for any naviga-
tion services provided to commercial marine operators.
(b) PUBLICATION OF SCHEDULE.—The fees estab-
lished under subsection (a) shall be implemented by publi-
cation of an initial fee schedule as an interim final rule
in the Federal Register not later than 150 days after the
date of enactment of this section. No fee shall be collected
until 30 days after the date of such publication.
(c) SUBJECT TO APPROPRIATIONS ACTS.—Fees au-
thorized under this section shall be available for obligation
only to the extent and the amount provided in advance
in appropriations Acts.
(d) AUTHORIZATION OF APPROPRIATIONS.—Not to
exceed $14,000,000 of offsetting collections from such
user fees that are collected in a fiscal year are authorized
to be appropriated, to remain available until expended, for
necessary expenses associated with navigation services
provided to commercial marine operators. Any fees col-
lected in excess of such amount during any fiscal year are
authorized to be appropriated for the same purposes in
the next succeeding fiscal year.
PART 
II—NATIONAL 
OCEANIC 
AND 
ATMOS-
PHERIC ADMINISTRATION FISHERIES MAN-
AGEMENT FEES
SEC. 221. FISHERIES MANAGEMENT FEES.
(a) IN GENERAL.—Beginning in fiscal year 2000 and
each fiscal year thereafter, the Secretary of Commerce
shall establish and adjust by regulation user fees associ-
ated with the United States fishing industry.
(b) CONSULTATION; PUBLICATION OF SCHEDULE.—
The fees established under subsection (a) shall be estab-
lished after consultation with the Congress and represent-
atives of the fishing industry. The fees shall be imple-
mented by publication of an initial fee schedule as an in-
terim final rule in the Federal Register not later than 150
days after the date of enactment of this section. No fees
shall be collected until 30 days after the date of such pub-
lication.
(c) SUBJECT TO APPROPRIATIONS ACTS.—Fees au-
thorized under this section shall be available for obligation
only to the extent and the amount provided in advance
in appropriations Acts.
(d) AUTHORIZATION OF APPROPRIATIONS.—Not to
exceed $20,000,000 of offsetting collections from such
user fees that are collected in a fiscal year are authorized
to be appropriated, to remain available until expended, for
management and enforcement costs associated with do-
mestic fisheries. Any fees collected in excess of such
amount during any fiscal year are authorized to be appro-
priated for the same purposes in the next succeeding fiscal
year.
PART III—ANALOG TELEVISION SERVICE SIGNAL
LEASE FEE
SEC. 231. ANALOG TELEVISION SERVICE SIGNAL LEASE
FEE.
The Communications Act of 1934 is amended by in-
serting after section 9 (47 U.S.C. 159) the following new
section:
‘‘SEC. 9A. FEES FOR ANALOG TELEVISION LICENSES.
‘‘(a) IN GENERAL.—Beginning in fiscal year 2000
and thereafter, the Commission may assess and collect
lease fees for each fiscal year for the use of a license for
analog television service by commercial television broad-
casters based on rates established by the Commission. The
fees shall be used for upgrading Federal, State, and local
public safety wireless communications equipment and fa-
cilities. For fiscal year 2000, the aggregate amount of
such fees shall be not less than $200,000,000.
‘‘(b) TIMING.—Payment of all fees for a fiscal year
is due to the Commission no later than September 30 of
such fiscal year.
‘‘(c) RATES.—The Commission shall develop rates
that reasonably can be expected to result in collection of
the aggregate fee amount provided for fiscal year 2000
pursuant to subsection (d) and shall establish and appor-
tion the fee for commercial broadcasters based upon the
population covered by a broadcaster’s signal, as deter-
mined by the Grade B contour as defined in section
76.683(a) of the Commission’s regulations (47 CFR
73.683(a)). The rates so established and apportioned for
fiscal year 2000 shall remain in effect for subsequent fis-
cal years until all licenses for analog television service have
been returned.
‘‘(d) COLLECTION AND DEPOSIT.—Fees authorized
by this section shall be available for obligation only to the
extent and in the amount provided in advance in appro-
priations Acts. Any fees collected shall be deposited as off-
setting receipts in a separate account in the Treasury, and
are authorized to be appropriated to remain available until
expended.
‘‘(e) RETURN OF ANALOG TELEVISION LICENSE.—A
licensee that returns its license for analog television serv-
ice to the Commission pursuant to section 309 before the
first day of the fiscal year for which the fee is due shall
not be required to pay the fee for such fiscal year. Fees
on licenses for analog television service returned or surren-
dered after the first day of the fiscal year for which the
fee is due shall be prorated.
‘‘(f) ADJUSTMENT.—The Commission may waive, re-
duce, or defer payment of a fee in any specific instance
for good cause shown, where such action would promote
the public interest.
‘‘(7) PENALTY
FOR
LATE
PAYMENT.—The
Commission shall prescribe by regulation an addi-
tional charge which shall be assessed as a penalty
for late payment of fees. Such penalty shall be 25
percent of the amount of the fee which was not paid
in a timely manner.’’.
Subtitle C—Education and Labor
PART I—NATIONAL DIRECTORY OF NEW HIRES
SEC. 311. MATCHING AGAINST NDNH WITH RESPECT TO DE-
FAULTED LOANS AND OVERPAYMENTS OF
GRANTS UNDER THE HIGHER EDUCATION
ACT OF 1965.
(a) AMENDMENT TO HIGHER EDUCATION ACT OF
1965.—Part G of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended by inserting
after section 488A (20 U.S.C. 1095a) the following new
section:
‘‘SEC. 488B. DATA MATCHING WITH RESPECT TO DE-
FAULTED LOANS AND OVERPAYMENTS OF
GRANTS UNDER THIS TITLE.
‘‘(a) AUTHORITY TO MATCH DEBTOR INFORMATION
WITH NATIONAL DIRECTORY OF NEW HIRES.—The Sec-
retary shall furnish to the Secretary of Health and Human
Services, on a quarterly basis or at such less frequent in-
tervals as may be determined by the Secretary, informa-
tion in the custody of the Secretary for comparison with
information in the National Directory of New Hires estab-
lished under section 453(i) of the Social Security Act, in
order to obtain the information in such directory with re-
spect to individuals who—
‘‘(1) are borrowers of loans made under this
title that are in default; or
‘‘(2) owe an obligation to refund an overpay-
ment of a grant awarded under this title.
‘‘(b) REQUIREMENT TO SEEK MINIMUM INFORMA-
TION NECESSARY.—The Secretary shall seek information
from the National Directory of New Hires pursuant to this
section only to the extent essential to improving collection
of the debt described in subsection (a).
‘‘(c) USE
OF INFORMATION OBTAINED
IN DATA
MATCHES.—The Secretary may use information resulting
from a data match pursuant to this section only—
‘‘(1) for the purpose of collection of the debt
described in subsection (a) owed by an individual
whose annualized wage level (determined by taking
into consideration information from the National Di-
rectory of New Hires) exceeds $16,000; and
‘‘(2) after removal of personal identifiers, to
conduct analyses of student loan defaults.
‘‘(d) DISCLOSURE OF INFORMATION OBTAINED IN
DATA MATCHES.—
‘‘(1) DISCLOSURES
PERMITTED.—The Sec-
retary may disclose information resulting from a
data match pursuant to this section only to—
‘‘(A) a guaranty agency holding a loan
made under part B on which the individual is
obligated;
‘‘(B) a contractor or agent of the guaranty
agency described in subparagraph (A);
‘‘(C) a contractor or agent of the Sec-
retary; and
‘‘(D) the Attorney General.
‘‘(2) PURPOSE OF DISCLOSURE.—The Secretary
may make a disclosure under paragraph (1) only for
the purpose of collection of the debts owed on de-
faulted student loans, or overpayments of grants,
made under this title.
‘‘(3) RESTRICTION OF REDISCLOSURE.—An en-
tity to which information is disclosed under para-
graph (1) may use or disclose such information only
as needed for the purpose of collecting on defaulted
student loans, or overpayments of grants, made
under this title.
‘‘(4) PENALTIES FOR MISUSE.—The use or dis-
closure of such information by an officer or em-
ployee of the United States, a guaranty agency, or
a contractor or agent in violation of this section
shall be subject to the civil remedies and criminal
penalties set forth in section 552a(i) of title 5,
United States Code.
‘‘(e) PAYMENT OF COSTS OF DATA MATCHES.—
‘‘(1) REIMBURSEMENT
OF
HHS
COSTS.—The
Secretary shall reimburse the Secretary of Health
and Human Services, in accordance with section
453(k)(3) of the Social Security Act, for the addi-
tional costs incurred by the Secretary of Health and
Human Services in furnishing the information re-
quested under this section.
‘‘(2) FEES
CHARGED
TO
GUARANTY
AGEN-
CIES.—The Secretary may impose fees on guaranty
agencies for information disclosed in accordance with
subsection (d), based on the reasonable costs to the
Secretary of obtaining such information through
data matches under this section. Amounts derived
from such fees shall be available for payment to the
Secretary of Health and Human Services pursuant
to paragraph (1). Fees authorized under this para-
graph shall be available for obligation only to the ex-
tent and in the amount provided in advance in ap-
propriations Acts. Such fees are authorized to be ap-
propriated to remain available until expended.’’.
(b) AMENDMENTS TO SOCIAL SECURITY ACT.—
(1) MATCHING AND DISCLOSURE AUTHORITY.—
Section 453(j) of the Social Security Act (42 U.S.C.
653(j)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(6) INFORMATION COMPARISONS AND DISCLO-
SURE
FOR
ENFORCEMENT
OF
OBLIGATIONS
ON
HIGHER EDUCATION ACT LOANS AND GRANTS.—
‘‘(A) IN GENERAL.—The Secretary, in co-
operation with the Secretary of Education, shall
compare information in the National Directory
of New Hires with information in the custody
of the Secretary of Education, and disclose in-
formation in that Directory to the Secretary of
Education, in accordance with section 488B of
the Higher Education Act of 1965, for the pur-
poses specified in such section.
‘‘(B) CONDITION
ON
DISCLOSURE.—The
Secretary shall make disclosures in accordance
with subparagraph (A) only to the extent that
the Secretary determines that such disclosures
do not interfere with the effective operation of
the program under this part. Support collection
under section 466(b) shall be given priority over
collection of any defaulted student loan or grant
overpayment against the same income.’’.
(2) PENALTY FOR MISUSE OF INFORMATION.—
Section 402(a) of the Child Support Performance
and Incentive Act of 1998 (112 Stat. 669) is amend-
ed in the matter added by paragraph (2) by insert-
ing ‘‘or any other person’’ after ‘‘officer or employee
of the United States’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1999.
PART II—RECALL OF FEDERAL RESERVES HELD
BY GUARANTY AGENCIES
SEC. 321. RECALL OF RESERVES IN FISCAL YEARS 2000
THROUGH 2004.
(a) 
SECRETARY
REQUIRED
TO
RECALL
RE-
SERVES.—Section 422 of the Higher Education Act of
1965 (20 U.S.C. 1072) is amended by adding at the end
thereof the following new subsection:
‘‘(j) RECALL OF RESERVES IN FISCAL YEARS 2000
THROUGH 2004.—
‘‘(1) RECALL REQUIRED.—
‘‘(A) 
AMOUNTS
REQUIRED.—Notwith-
standing any other provision of law, the Sec-
retary shall, except as otherwise provided in
this subsection and in addition to the recalls re-
quired under subsections (h) and (i), recall
from the Federal Student Loan Reserve Funds
held by guaranty agencies under section 422A
not less than—
‘‘(i) $788,000,000 in fiscal year 2000;
‘‘(ii) $234,000,000 in fiscal year
2001;
‘‘(iii) $262,000,000 in fiscal year
2002;
‘‘(iv) $159,000,000 in fiscal year
2003; and
‘‘(v) $65,000,000 in fiscal year 2004.
‘‘(B) DEPOSIT.—Funds returned to the
Secretary under this subsection shall be depos-
ited in the Treasury.
‘‘(2) APPORTIONMENTS OF RECALLS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), for each of the fiscal years
2000 through 2004, the Secretary shall require
each guaranty agency to return reserve funds
under subparagraph (A) based on its propor-
tionate share, as determined by the Secretary,
of all reserve funds held by guaranty agencies
in the Federal Student Loan Reserve Funds as
of September 30 of the fiscal year preceding
each such fiscal year.
‘‘(B) LIMITATIONS ON RECALLS.—(i) If a
guaranty agency has not returned to the Sec-
retary its share of reserve funds for a fiscal
year in which reserves are to be recalled under
paragraph (1)(A) by September 1 of that fiscal
year and the total amount recalled for that fis-
cal year is less than the amount the Secretary
is required to recall under that paragraph in
that fiscal year, the Secretary shall require the
return of the amount of the shortage from
other Federal Student Loan Reserve Funds
held by any or all guaranty agencies under sec-
tion 422A under procedures established by the
Secretary.
‘‘(ii) The Secretary shall first attempt to
obtain the amount of such shortage from each
guaranty agency that failed to return the agen-
cy’s required share to the Secretary in accord-
ance with this subsection.
‘‘(3) ADMINISTRATIVE AUTHORITY.—
‘‘(A) IN
GENERAL.—The Secretary may
take such reasonable measures, and require
such information, as may be necessary to en-
sure that guaranty agencies comply with the re-
quirements of this subsection.
‘‘(B) WITHHOLDING OF OTHER FUNDS.—
If the Secretary determines that a guaranty
agency has failed to transfer to the Secretary
any portion of the agency’s required share
under this subsection, the agency may not re-
ceive any other funds under this part until the
Secretary determines that the agency has so
transferred the agency’s required share.
‘‘(C) WAIVER.—The Secretary may waive
the requirements of subparagraph (B) if the
Secretary determines that there are extenuating
circumstances beyond the control of the guar-
anty agency that justify such waiver.
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘reserve funds’ has the meaning
given in subsection (h)(8)(B).’’.
(b) CONFORMING AMENDMENTS.—Section 422A(f)
of the Higher Education Act of 1965 (20 U.S.C. 1072a(f))
is amended—
(1) in the fourth sentence of paragraph (1), by
striking ‘‘subsections (h) and (i)’’ and inserting
‘‘subsections (h), (i), and (j)’’;
(2) in the first sentence of paragraph (3)—
(A) by striking ‘‘the fourth year’’ and in-
serting ‘‘the sixth year’’; and
(B) by striking ‘‘not later than 5 years’’
and inserting ‘‘not later than 7 years’’;
(3) by striking paragraphs (6) and (8); and
(4) by redesignating paragraph (7) as para-
graph (6).
(c) ADDITIONAL SAVINGS.—
(1) PAYMENTS FOR DEFAULT CLAIMS.—Section
428(c) of the Higher Education Act of 1965 (20
U.S.C. 1078(c)) is amended—
(A) in the heading thereof, by striking
‘‘REIMBURSING
LOSSES.—’’ 
and 
inserting
‘‘PAYING LENDER DEFAULT CLAIMS.—’’;
(B) in paragraph (1)(A)—
(i) in the first sentence thereof, by
striking ‘‘reimburse’’ and inserting ‘‘pay’’;
(ii) by striking ‘‘reimbursement’’ each
place it appears and inserting ‘‘payment’’;
and
(iii) in the fifth sentence thereof, by
striking ‘‘within 45 days’’ through the end
of such sentence and inserting ‘‘at such
time as may be specified by the Sec-
retary.’’;
(C) in paragraph (1)(B)—
(i) in clause (i)—
(I) by striking ‘‘reimbursement
payments’’ and inserting ‘‘payments’’;
and
(II) by striking ‘‘paid as reim-
bursement’’ and inserting ‘‘paid’’; and
(ii) in clause (ii)—
(I) by striking ‘‘reimbursement
payments’’ and inserting ‘‘payments’’;
and
(II) by striking ‘‘paid as reim-
bursement’’ and inserting ‘‘paid’’;
(D) in paragraph (1)(D), by striking ‘‘Re-
imbursements of losses made by the Secretary’’
and inserting ‘‘Payments made by the Secretary
under this subsection’’;
(E) in paragraph (1)(G), by striking ‘‘re-
imbursement’’;
(F) in paragraph (2)(G), by striking ‘‘re-
imbursement’’ each place it appears and insert-
ing ‘‘payment’’;
(G) in paragraph (9)—
(i) in the heading thereof, by striking
‘‘RESERVE LEVEL.—’’ and inserting ‘‘AD-
MINISTRATIVE
AND
FINANCIAL
CONDI-
TION.—’’;
(ii) by striking subparagraph (A);
(iii) in subparagraph (C)—
(I) by striking clause (i);
(II) in clause (ii), by striking
‘‘reimbursement payments’’ and in-
serting ‘‘default claim payments under
paragraph (1)’’; and
(III) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii), respec-
tively; and
(iv) by redesignating subparagraphs
(B) through (K) as subparagraphs (A)
through (J), respectively; and
(H) by adding at the end thereof the fol-
lowing new paragraph:
‘‘(10) Notwithstanding any provision of the
Fair Debt Collection Practices Act, a nonprofit
guaranty agency shall not be subject to the require-
ments of that Act to the extent that it is carrying
out due diligence activities required by the Sec-
retary.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 428C(a)(2) (20 U.S.C. 1078–
3(a)(2)) is amended by striking ‘‘reimburse-
ments’’ and inserting ‘‘payments’’.
(B) Section 428F(a) (20 U.S.C. 1078–
6(a)) is amended—
(i) in paragraph (1)(B)(ii)(I), by
striking ‘‘reimburse’’ and inserting ‘‘pay’’;
and
(ii) in paragraph (2), by striking ‘‘re-
imbursement’’ and inserting ‘‘payment’’.
(C) Section 428I(e) (20 U.S.C. 1078–9(e))
is amended by striking ‘‘reimbursements’’ and
inserting ‘‘payments’’.
(D) Section 432(c)(1)(A)(ii) (20 U.S.C.
1082(c)(1)(A)(ii) is amended by striking ‘‘de-
faults reimbursed’’ and inserting ‘‘default
claims paid’’.
(E) Section 438(b)(2)(B) (20 U.S.C.
1087–1(b)(2)(B)) is amended—
(i) in clause (i), by striking ‘‘reim-
bursements’’ and inserting ‘‘claim pay-
ments’’; and
(ii) in clause (iv), by striking ‘‘reim-
bursements’’ and inserting ‘‘claim pay-
ments’’.
(F) Section 488A(a) (20 U.S.C. 1095a(a))
is amended, in the matter preceding paragraph
(1) by striking ‘‘reimbursement’’ and inserting
‘‘payment’’.
(c) FLEXIBLE AGREEMENTS.—Section 428A(a)(3) of
the Higher Education Act of 1965 (20 U.S.C.
1072a(a)(3)) is amended to read as follows:
‘‘(3) ELIGIBILITY.—Beginning in fiscal year
1999, the Secretary may enter into a voluntary,
flexible agreement with any guaranty agency that
had one or more agreements with the Secretary
under subsections (b) and (c) of section 428 as of
the day before the date of enactment of the Higher
Education Amendments of 1998.’’.
PART III—EMPLOYER TAX CREDIT USER FEES
SEC. 331. WORK OPPORTUNITY CREDIT AND WELFARE-TO-
WORK CREDIT USER FEES.
(a) ESTABLISHMENT.—Subject to subsection (e), the
Secretary of Labor is authorized to impose a fee on em-
ployers submitting applications for certification of individ-
uals as members of target groups under section 51(d)(12)
of the Internal Revenue Code of 1986 (26 U.S.C.
51(d)(12)) and categories of long-term family assistance
recipients under section 51A(d)(1) of such Code (26
U.S.C. 51A(d)(1)), relating to the Work Opportunity
Credit and the Welfare-to-Work Credit, respectively. The
fees imposed under this section shall not be paid, directly
or indirectly, by the individual who is the subject of the
certification.
(b) AMOUNT OF FEE.—The amount of the fee im-
posed under this section shall be determined by the Sec-
retary of Labor based on the Secretary’s estimate of the
amounts needed to fully fund the costs of administering
the requirements relating to the certification of individuals
under sections 51 and 51A of the Internal Revenue Code
of 1986 (26 U.S.C. 51 and 51A). The Secretary of Labor
shall establish a fee for employers with fewer than 100
employees at an amount that is less than the fee estab-
lished for employers with 100 or more employees.
(c) COLLECTION AND DEPOSIT.—The fees imposed
under this section shall be collected by the Secretary of
Labor through the designated local agency specified in sec-
tion 51(d)(11) of the Internal Revenue Code of 1986 (26
U.S.C. 51(d)(11)) and deposited as offsetting receipts in
the State Unemployment Insurance and Employment
Service Operations account of the Treasury of the United
States.
(d) USE OF FUNDS.—The funds deposited pursuant
to subsection (c) shall be available to the Secretary of
Labor to pay the costs of administering the requirements
relating to the certification of individuals under sections
51 and 51A of the Internal Revenue Code of 1986 (26
147
propriate, the actions necessary to resolve such
deficiencies.
‘‘(C) The development of guidance and pol-
icy documents regarding the process for the re-
view of notifications.
‘‘(D) The development of test methods and
standards in connection with the review of noti-
fications and related activities.
‘‘(E) The provision of technical assistance
to prospective notifiers in connection with the
submission of a food contact substance notifica-
tion.
‘‘(F) Monitoring of studies and data per-
taining to the safety of substances described in
paragraphs (1) through (4) of section 908.
‘‘(4) COSTS
OF
RESOURCES
ALLOCATED
FOR
NOTIFICATION
REVIEW
ACTIVITIES.—The 
term
‘costs of resources allocated for notification review
activities’ means the expenses incurred in connection
with the process for the review of notifications and
related activities for—
‘‘(A) officers and employees of the Food
and Drug Administration, employees under con-
tract with the Food and Drug Administration,
148
advisory committees, and costs related to such
officers, employees, and committees;
‘‘(B) management of information, and the
acquisition, maintenance, and repair of com-
puter resources;
‘‘(C) leasing, maintenance, renovation, and
repair of facilities and acquisition, maintenance,
and repair of fixtures, furniture, scientific
equipment, and other necessary materials, serv-
ices, and supplies; and
‘‘(D) collecting fees under this section and
accounting for resources allocated for the re-
view of notifications and related activities.
‘‘(5) TIER I, TIER II, TIER III NOTIFICATIONS;
REGULATORY MODIFICATION.—
‘‘(A) TIER
I
NOTIFICATION.—The term
‘tier I notification’ means a notification for—
‘‘(i) a use that results in an incre-
mental increase in dietary exposure to the
food contract substance equal to or less
than 0.5 parts per billion; or
‘‘(ii) a new use of a substance that
does not require review of additional safety
data.