[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3085 Introduced in House (IH)]







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, 
Resources, 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 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide discretionary spending offsets for fiscal year 2000.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Discretionary Spending 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 activities.
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 
                            overpayments 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 subpart a--medical device fees
Sec. 721. Short title.
Sec. 722. Fees relating to devices.
Ssubpart 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 
          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 POULTRY 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 POULTRY PRODUCTS AND 
              RELATED ACTIVITIES.

    ``(a) Imposition and Collection of Fees.--Except 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 
service to administer this Act.
    ``(b) Collection of Fees.--Fees imposed under subsection (a), as 
well as late payment penalties and interest with respect to the fees, 
shall be collected by the Secretary 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 activities for 
which a fee is imposed under subsection (a).
    ``(d) Security.--The Secretary may require a person that is 
assessed a fee under subsection (a) to provide security to ensure that 
the Secretary receives the fees imposed 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 agencies 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 Committee 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 paragraphs (1) and 
        (2).
            ``(4) Fee setting activities authorized under section 25.
            ``(5) The operations under and the effectiveness of this 
        Act.''.

SEC. 112. FEES FOR INSPECTION OF LIVESTOCK, MEAT, AND MEAT PRODUCTS AND 
              RELATED ACTIVITIES.

    (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 ACTIVITIES.

    ``(a) Imposition and Collection of Fees.--Except 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 interest with respect to the fees, 
shall be collected by the Secretary 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 activities for 
which a fee is imposed under subsection (a).
    ``(d) Security.--The Secretary may require a person that is 
assessed a fee under subsection (a) to provide security to ensure that 
the Secretary receives the fees imposed 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 agencies 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 Representatives 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 paragraphs (1) and 
        (2).
            ``(4) Fee setting activities authorized under section 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 amended to read as follows:

``SEC. 24. FEES FOR INSPECTION OF EGG PRODUCTS AND RELATED ACTIVITIES.

    ``(a) Imposition and Collection of Fees.--Except 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 interest with respect to the fees, 
shall be collected by the Secretary 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 activities for 
which a fee is imposed under subsection (a).
    ``(d) Security.--The Secretary may require a person that is 
assessed a fee under subsection (a) to provide security to ensure that 
the Secretary receives the fees imposed 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 cooperating with appropriate State agencies 
and other governmental 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 Products 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 follows 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 ASSESSMENT.

    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 importer 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 announce the amount per 
        pound due by crop for each kind of tobacco subject to the 
        assessment. The assessment, 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 support level for such kind of 
        tobacco.
            ``(3) Required collections.--The assessment required by 
        this subsection shall be in such amount to produce, to the 
        maximum extent practicable, 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 tobacco the lesser 
                of--
                            ``(i) 25 percent of the per pound 
                        assessment amount as determined in paragraph 
                        (2); or
                            ``(ii) 0.5 percent of the national support 
                        price for the tobacco.
                    ``(B) Purchasers of domestically produced 
                tobacco.--Purchasers of domestically 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 tobacco as provided in 
                paragraph (2).
            ``(5) Collection of assessments.--Assessments 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 paragraph (5) 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 reimburse the Department of Agriculture for costs 
        incurred for administration and other activities in support of 
        tobacco.
            ``(7) Relation to previous assessment authority.--
        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 prescribe 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 products created through 
        biotechnology.
    ``(b) Exemptions.--The Secretary may exempt certain persons from 
paying fees prescribed under this section, including persons conducting 
research and development 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 authorized shall be liable 
for payment of fees as prescribed by the Secretary.
    ``(d) Security.--The Secretary may require a person that is 
assessed a fee under subsection (a) to provide security to ensure that 
the Secretary receives the fees imposed 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 penalties, or accrued interest incurred under this 
section.
    ``(f) Collection of Fees.--Fees imposed under subsection (a), as 
well as late payment penalties and interest with respect to the fees, 
shall be collected by the Secretary 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 activities for 
which a fee is imposed under subsection (a).
    ``(h) Definition of Person.--In this section, the term `person' 
means an individual, corporation, partnership, trust, association, or 
any other public or private entity, 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 prescribe 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 products created through 
        biotechnology.
    ``(b) Exemptions.--The Secretary may exempt certain persons from 
paying fees prescribed under this section, including persons conducting 
research and development 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 authorized shall be liable 
for payment of fees as prescribed by the Secretary.
    ``(d) Security.--The Secretary may require a person that is 
assessed a fee under subsection (a) to provide security to ensure that 
the Secretary receives the fees imposed 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 penalties, or accrued interest incurred under this 
section.
    ``(f) Collection of Fees.--Fees imposed under subsection (a), as 
well as late payment penalties and interest with respect to the fees, 
shall be collected by the Secretary 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 activities for 
which a fee is imposed under subsection (a).
    ``(h) Definition of Person.--In this section, the term `person' 
means an individual, corporation, partnership, trust, association, or 
any other public or private entity, 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 SERVICES 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.--Except as provided in 
subsection (b), the Secretary shall prescribe, 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 Federal 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 interest with respect to the fees, 
shall be collected by the Secretary 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 activities 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 appropriated 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.--Section 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 inserting 
                ``compliance activities, methods development,''; and
                    (B) by adding at the end the following new 
                sentence: ``Under such regulations as the Secretary may 
                prescribe, fees for standardization activities shall, 
                to the extent practicable, be collected from persons 
                who benefit from such activities, 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 person buying or 
        otherwise acquiring from a producer grain that was produced by 
        that producer.
            ``(B) The term `producer' means any person engaged in the 
        growing of grain in the United States who has an ownership 
        interest and a risk of loss regarding 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 development''; and
            (2) in section 19 (7 U.S.C. 87h), by striking 
        ``standardization'' and inserting ``methods development''.

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, respectively; 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 poultry 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 desiring 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 establish 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 license is in effect, the applicant 
        shall pay the license fee.
            ``(2) Rate.--The amount of the fee shall be established at 
        a rate sufficient so that the total amount collected in a 
        fiscal year covers all costs incurred by the Department of 
        Agriculture to administer 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 receives the fees required from the 
        person.
    ``(d) Collection of Fees.--Fees imposed under subsection (c), as 
well as late payment penalties and interest with respect to the fees, 
shall be collected by the Secretary 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 recovered 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 matter by the payment of 
        fees due for the period covered 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 Secretary, 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 
provisions 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 renewal of the 
        license at any time within 30 days after the anniversary date 
        of the license by paying an additional late payment fee as 
        determined by the Secretary.
            ``(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 application has been made 
        because the applicant has engaged 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 registered 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 appropriation act, 1944.--The 
        eleventh paragraph under the heading ``MARKETING SERVICE'' in 
        the Department 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 inserting 
                ``the license of such market agency or dealer''.

                      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 Agriculture 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 
        harvest administration, including timber design, layout, and 
        marking.
            ``(2) Certain costs and sales excluded.--Paragraph (1) 
        shall not apply to timber sale preparation 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 activities 
                under section 347 of the Department of the Interior and 
                Related Agencies Appropriations 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 determines 
                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 Secretary and deposited in a 
        special fund in the Treasury of the United States.
            ``(4) Availability and Use of Funds.--Amounts in the 
        special fund established under paragraph (3) 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 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 purposes.
    (b) Collection and Use of Funds.--
            (1) In general.--Rental fees paid to the Secretary of 
        Agriculture for special use authorizations issued under the 
        eleventh paragraph under the heading ``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 deposited in the 
        Treasury in accordance with paragraph (1) shall be available 
        for expenditure by the Secretary of Agriculture, without 
        further appropriation and until expended, for the 
        administration and management 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 product.--In this 
        subsection, the term `special forest product' means any 
        vegetation or other life form, such as mushrooms and fungi, 
        that grows on National Forest System lands, as provided in 
        regulations issued under this subsection by the Secretary of 
        Agriculture.
            ``(2) Fees required.--The Secretary of Agriculture 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 collected on National Forest System lands and the 
        costs, as appropriate, to the Department of Agriculture 
        associated with granting, modifying, or monitoring the 
        authorization for harvest or collection of these products. The 
        Secretary shall establish appraisal methods and bidding 
        procedures to ensure that the amounts collected for special 
        forest products are not less than fair market value.
            ``(3) Waiver.--The Secretary may waive the application of 
        paragraph (2) pursuant to such regulations as the Secretary may 
        prescribe, such as waivers 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 special account in the 
        Treasury of the United States.
            ``(5) Authority to use funds.--Funds deposited in the 
        special account in the Treasury in accordance 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 
        expended, to pay for the costs of conducting inventories of 
        special forest products, granting, modifying, or monitoring the 
        authorization for harvest or collection of the special forest 
        products, including the costs of any environmental or other 
        analysis, monitoring 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 heading `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 receives fees authorized under this 
        subsection from such person.''.

SEC. 154. FOREST SERVICE VISITOR FACILITIES IMPROVEMENT 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 IMPROVEMENT DEMONSTRATION 
              PROGRAM.

    ``(a) Definition of Concessionaire.--In this section, the term 
`concessionaire' means an individual, corporation, 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 demonstration program to evaluate the 
feasibility of utilizing non-Federal funds to construct, rehabilitate, 
maintain, and operate federally owned visitor facilities (including 
resorts, campgrounds, and marinas) on National Forest System lands and 
to conduct the requisite environmental analysis associated with those 
activities. The demonstration 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. Standard business practices will be used to determine 
minimum fees that reflect fair market value.
    ``(d) Term of Authorization and Depreciation.--
            ``(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 purchase by the Secretary or 
        a succeeding concessionaire 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 authorization; 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 improvement 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 reflects the depreciation of the 
        concessionaire's investment 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.--Notwithstanding any other 
provision of law, the Secretary is authorized 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 concessionaire agrees that any 
construction, renovation, or improvement of such facilities will be 
consistent with applicable land and resource management plans and 
Federal and State laws. The fair market value of the Federal 
improvements 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 Proceeds.--
            ``(1) Amount.--The Secretary shall charge and collect 
        concession fees established by bid as a percentage 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 Secretary, 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 subparagraph (A), into a 
                special account in the Treasury of the United States 
                which shall be available for expenditure by the 
                Secretary on an agencywide basis.
            ``(3) Authority to use funds.--Funds deposited 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 Secretary shall submit a report to 
Congress evaluating the demonstration program and providing 
recommendations for permanent authority to undertake a public/private 
venture 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 heading `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 Contract 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 CONCESSIONS.

    (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 activities 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 deposited 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 opportunities, enhanced 
        visitor services, including infrastructure at nonfee recreation 
        facilities, facilities maintenance, 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 establish and adjust by 
regulation user fees for any navigation services provided to commercial 
marine operators.
    (b) Publication of Schedule.--The fees established under subsection 
(a) shall be implemented by publication 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 authorized 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 collected 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 ATMOSPHERIC ADMINISTRATION FISHERIES 
                            MANAGEMENT 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 associated with the United States fishing 
industry.
    (b) Consultation; Publication of Schedule.--The fees established 
under subsection (a) shall be established after consultation with the 
Congress and representatives of the fishing industry. The fees shall be 
implemented by publication 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 fees shall be collected until 30 
days after the date of such publication.
    (c) Subject to Appropriations Acts.--Fees authorized 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 
domestic fisheries. Any fees collected 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 III--ANALOG TELEVISION SERVICE SIGNAL LEASE FEE

SEC. 231. ANALOG TELEVISION SERVICE SIGNAL LEASE FEE.

    The Communications Act of 1934 is amended by inserting 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 broadcasters based on rates established by the Commission. 
The fees shall be used for upgrading Federal, State, and local public 
safety wireless communications equipment and facilities. 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 apportion the fee for commercial broadcasters based upon 
the population covered by a broadcaster's signal, as determined 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 
fiscal 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 appropriations Acts. Any fees collected shall be 
deposited as offsetting 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 service 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 surrendered after 
the first day of the fiscal year for which the fee is due shall be 
prorated.
    ``(f) Adjustment.--The Commission may waive, reduce, 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 additional 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 DEFAULTED 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 DEFAULTED LOANS AND 
              OVERPAYMENTS OF GRANTS UNDER THIS TITLE.

    ``(a) Authority To Match Debtor Information With National Directory 
of New Hires.--The Secretary shall furnish to the Secretary of Health 
and Human Services, on a quarterly basis or at such less frequent 
intervals as may be determined by the Secretary, information in the 
custody of the Secretary for comparison with information in the 
National Directory of New Hires established under section 453(i) of the 
Social Security Act, in order to obtain the information in such 
directory with respect to individuals who--
            ``(1) are borrowers of loans made under this title that are 
        in default; or
            ``(2) owe an obligation to refund an overpayment of a grant 
        awarded under this title.
    ``(b) Requirement To Seek Minimum Information 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 Directory 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 Secretary 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 Secretary; 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 defaulted student loans, or 
        overpayments of grants, made under this title.
            ``(3) Restriction of redisclosure.--An entity to which 
        information is disclosed under paragraph (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 disclosure of such 
        information by an officer or employee 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 additional costs incurred by the Secretary of Health 
        and Human Services in furnishing the information requested 
        under this section.
            ``(2) Fees charged to guaranty agencies.--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 paragraph shall be available for obligation only to the 
        extent and in the amount provided in advance in appropriations 
        Acts. Such fees are authorized to be appropriated 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 following new paragraph:
            ``(6) Information comparisons and disclosure for 
        enforcement of obligations on higher education act loans and 
        grants.--
                    ``(A) In general.--The Secretary, in cooperation 
                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 information in that Directory 
                to the Secretary of Education, in accordance with 
                section 488B of the Higher Education Act of 1965, for 
                the purposes 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 amended in the matter added by paragraph (2) by 
        inserting ``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 Reserves.--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.--Notwithstanding any other 
                provision of law, the Secretary shall, except as 
                otherwise provided in this subsection and in addition 
                to the recalls required 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 deposited 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 proportionate 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 Secretary 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 
                fiscal 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 section 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 agency's required share to 
                the Secretary in accordance 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 ensure that guaranty agencies 
                comply with the requirements 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 receive 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 guaranty agency that justify 
                such waiver.
            ``(4) Definition.--For purposes of this subsection, 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 inserting 
                ``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 paragraph (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 Secretary.'';
                    (C) in paragraph (1)(B)--
                            (i) in clause (i)--
                                    (I) by striking ``reimbursement 
                                payments'' and inserting ``payments''; 
                                and
                                    (II) by striking ``paid as 
                                reimbursement'' and inserting ``paid''; 
                                and
                            (ii) in clause (ii)--
                                    (I) by striking ``reimbursement 
                                payments'' and inserting ``payments''; 
                                and
                                    (II) by striking ``paid as 
                                reimbursement'' and inserting ``paid'';
                    (D) in paragraph (1)(D), by striking 
                ``Reimbursements of losses made by the Secretary'' and 
                inserting ``Payments made by the Secretary under this 
                subsection'';
                    (E) in paragraph (1)(G), by striking 
                ``reimbursement'';
                    (F) in paragraph (2)(G), by striking 
                ``reimbursement'' each place it appears and inserting 
                ``payment'';
                    (G) in paragraph (9)--
                            (i) in the heading thereof, by striking 
                        ``reserve level.--'' and inserting 
                        ``administrative and financial condition.--'';
                            (ii) by striking subparagraph (A);
                            (iii) in subparagraph (C)--
                                    (I) by striking clause (i);
                                    (II) in clause (ii), by striking 
                                ``reimbursement payments'' and 
                                inserting ``default claim payments 
                                under paragraph (1)''; and
                                    (III) by redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively; and
                            (iv) by redesignating subparagraphs (B) 
                        through (K) as subparagraphs (A) through (J), 
                        respectively; and
                    (H) by adding at the end thereof the following new 
                paragraph:
            ``(10) Notwithstanding any provision of the Fair Debt 
        Collection Practices Act, a nonprofit guaranty agency shall not 
        be subject to the requirements of that Act to the extent that 
        it is carrying out due diligence activities required by the 
        Secretary.''.
            (2) Conforming amendments.--
                    (A) Section 428C(a)(2) (20 U.S.C. 1078-3(a)(2)) is 
                amended by striking ``reimbursements'' 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 
                        ``reimbursement'' 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 ``defaults 
                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 
                        ``reimbursements'' and inserting ``claim 
                        payments''; and
                            (ii) in clause (iv), by striking 
                        ``reimbursements'' and inserting ``claim 
                        payments''.
                    (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 employers submitting 
applications for certification of individuals 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 imposed under this 
section shall be determined by the Secretary 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 established 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 section 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 U.S.C. 51 and 51A). The Secretary of Labor shall allocate the 
funds among the States based on the relative workload of the States in 
processing the certifications.
    (e) Appropriations Action Required.--The fees authorized under this 
section shall be available for obligation only to the extent and in the 
amount provided in advance in appropriations acts. The fees are 
authorized to be appropriated to remain available until expended.

         Subtitle D--Natural Resource, Energy, and Environment

   PART I--NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES

SEC. 411. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES.

    Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990 
(42 U.S.C. 2214(a)(3)) is amended by striking ``September 30, 1998'' 
and inserting ``September 30, 2004''.

   PART II--FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT FEES

SEC. 421. FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT FEES.

    Section 3 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a) is amended by adding at the end thereof the 
following new subsection:
    ``(i) Fees.--
            ``(1) Subject to paragraph (4), the Administrator is 
        authorized to assess fees from applicants for registrations and 
        amendments to registrations under this section and experimental 
        use permits under section 5 effective October 1, 1999.
            ``(2) Such fees shall be reasonably calculated to cover 
        costs associated with the review of such applications, and 
        shall be paid at the time of application, unless otherwise 
        specified by the Administrator. If any fee is not paid by the 
        time prescribed, the Administrator may, by order and without a 
        hearing, deny the application. The Administrator may reduce or 
        waive any fee that would otherwise be assessed--
                    ``(A) in connection with an application for an 
                active ingredient that is contained only in pesticides 
                for which registration is sought solely for 
                agricultural or nonagricultural minor uses; or
                    ``(B) in such other instances as the Administrator 
                determines to be in the public interest.
            ``(3) Fees collected under this subsection shall be 
        deposited in a special fund for environmental services in the 
        United States Treasury.
            ``(4) Fees authorized under this subsection shall be 
        available for obligation only to the extent and in the amount 
        provided in advance in appropriations Acts. Such fees are 
        authorized to be appropriated to remain available until 
        expended, to carry out the Agency's activities under sections 3 
        and 5 for which the fees were collected.''.

SEC. 422. CONFORMING AMENDMENT.

    Section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136b(i)) is amended--
            (1) by striking paragraph (6); and
            (2) by renumbering paragraph (7) as paragraph (6).

              PART III--TOXIC SUBSTANCES CONTROL ACT FEES

SEC. 431. TOXIC SUBSTANCES CONTROL ACT FEES.

    Section 26(b) of the Toxic Substances Control Act (15 U.S.C. 
2625(b)) is amended as follows:
            (1) Paragraph (1) is amended to read as follows:
    ``(b) Fees.--The Administrator is authorized, by rule, to collect a 
reasonable fee from any person required to submit data under section 4 
or 5 to defray the cost of administering this Act. In setting a fee 
under this paragraph the Administrator shall take into account the 
ability to pay of the person required to submit the data and the cost 
to the Administrator of reviewing such data. Such rules may provide for 
sharing such a fee in any case in which the expenses of testing are 
shared under section 4 or 5.''.
            (2) By adding at the end thereof the following 2 
        paragraphs:
            ``(3) Fees collected under this subsection shall be 
        deposited in a special fund for environmental services in the 
        United States Treasury.
            ``(4) Fees authorized under this subsection shall be 
        available for obligation only to the extent and in the amount 
        provided in advance in appropriations Acts. Such fees are 
        authorized to be appropriated to remain available until 
        expended, to carry out the Agency's activities under sections 4 
        and 5 for which the fees were collected.''.

                          Subtitle E--Revenue

                   PART I--REINSTATE SUPERFUND TAXES

SEC. 511. EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND TAXES.

    (a) Extension of Taxes.--
            (1) Environmental tax.--Section 59A(e) of the Internal 
        Revenue Code of 1986 is amended to read as follows:
    ``(e) Application of Tax.--The tax imposed by this section shall 
apply to--
            ``(1) taxable years beginning after December 31, 1986, and 
        before January 1, 1996, and
            ``(2) taxable years beginning after December 31, 1998, and 
        before January 1, 2010.''
            (2) Excise taxes.--Section 4611(e) of such Code is amended 
        to read as follows:
    ``(e) Application of Hazardous Substance Superfund Financing 
Rate.--The Hazardous Substance Superfund financing rate under this 
section shall apply--
            ``(1) after December 31, 1986, and before January 1, 1996, 
        and
            ``(2) after the date of the enactment of this paragraph and 
        before October 1, 2009.''
    (b) Effective Dates.--
            (1) Income tax.--The amendment made by subsection (a)(1) 
        shall apply to taxable years beginning after December 31, 1998.
            (2) Excise tax.--The amendment made by subsection (a)(2) 
        shall take effect on the date of the enactment of this Act.

                     PART II--TOBACCO EXCISE TAXES

SEC. 521. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS.

    (a) In General.--Section 5701 of the Internal Revenue Code of 1986 
(relating to rate of tax on tobacco products), as amended by the 
Balanced Budget Act of 1997, is amended to read as follows:

``SEC. 5701. RATE OF TAX.

    ``(a) Cigars.--On cigars, manufactured in or imported into the 
United States, there shall be imposed the following taxes:
            ``(1) Small cigars.--On cigars, weighing not more than 3 
        pounds per thousand, $4.406 per thousand.
            ``(2) Large cigars.--On cigars weighing more than 3 pounds 
        per thousand, a tax equal to 49.99 percent of the price for 
        which sold but not more than $98.75 per thousand.
Cigars not exempt from tax under this chapter which are removed but not 
intended for sale shall be taxed at the same rate as similar cigars 
removed for sale.
    ``(b) Cigarettes.--On cigarettes, manufactured in or imported into 
the United States, there shall be imposed the following taxes:
            ``(1) Small cigarettes.--On cigarettes, weighing not more 
        than 3 pounds per thousand, $47.00 per thousand.
            ``(2) Large cigarettes.--On cigarettes, weighing more than 
        3 pounds per thousand, $98.70 per thousand.
Cigarettes described in paragraph (2), if more than 6\1/2\ inches in 
length, shall be taxable at the rate under paragraph (1) by treating 
each 2\3/4\ inches (or fraction thereof) of the length of each as 1 
cigarette.
    ``(c) Cigarette Papers.--On cigarette papers, manufactured in or 
imported into the United States, there shall be imposed a tax of 2.9 
cents for each 50 papers or fractional part thereof; except that 
cigarette papers which measure more than 6\1/2\ inches in length shall 
be taxable at the rate prescribed by treating each 2\3/4\ inches (or 
fraction thereof) of the length of each as 1 cigarette paper.
    ``(d) Cigarette Tubes.--On cigarette tubes, manufactured in or 
imported into the United States, there shall be imposed a tax of 5.9 
cents for each 50 tubes or fractional part thereof; except that 
cigarette tubes which measure more than 6\1/2\ inches in length shall 
be taxable at the rate prescribed by treating each 2\3/4\ inches (or 
fraction thereof) of the length of each as 1 cigarette tube.
    ``(e) Smokeless Tobacco.--
            ``(1) Snuff.--On snuff, manufactured in or imported into 
        the United States, there shall be imposed a tax of $1.41 per 
        pound (and a proportionate tax at the like rate on all 
        fractional parts of a pound).
            ``(2) Chewing tobacco.--On chewing tobacco, manufactured in 
        or imported into the United States, there shall be imposed a 
        tax of 47 cents (and a proportionate tax at the like rate on 
        all fractional parts of a pound).
    ``(f) Pipe Tobacco.--On pipe tobacco, manufactured in or imported 
into the United States, there shall be imposed a tax of $2.64 per pound 
(and a proportionate tax at the like rate on all fractional parts of a 
pound).
    ``(g) Roll-Your-Own Tobacco.--On roll-your-own tobacco, 
manufactured in or imported into the United States, there shall be 
imposed a tax $2.64 per pound (and a proportionate tax at the like rate 
on all fractional parts of a pound).
    ``(h) Imported Tobacco Products and Cigarette Papers and Tubes.--
The taxes imposed by this section on tobacco products and cigarette 
papers and tubes imported into the United States shall be in addition 
to any import duties imposed on such articles, unless such import 
duties are imposed in lieu of internal revenue tax.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999.
    (c) Floor Stocks Taxes.--
            (1) Imposition of tax.--On tobacco products and cigarette 
        papers and tubes manufactured in or imported into the United 
        States which are removed before October 1, 1999, and held on 
        such date for sale by any person, there is hereby imposed a tax 
        in an amount equal to the excess of--
                    (A) the tax which would be imposed under section 
                5701 of the Internal Revenue Code of 1986 on the 
                article if the article had been removed on such date, 
                over
                    (B) the prior tax (if any) imposed under section 
                5701 of such Code on such article.
            (2) Authority to exempt cigarettes held in vending 
        machines.--To the extent provided in regulations prescribed by 
        the Secretary, no tax shall be imposed by paragraph (1) on 
        cigarettes held for retail sale on October, 1, 1999, by any 
        person in any vending machine. If the Secretary provides such a 
        benefit with respect to any person, the Secretary may reduce 
        the $500 amount in paragraph (3) with respect to such person.
            (3) Credit against tax.--Each person shall be allowed as a 
        credit against the taxes imposed by paragraph (1) an amount 
        equal to $500. Such credit shall not exceed the amount of taxes 
        imposed by paragraph (1) for which such person is liable.
            (4) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding cigarettes 
                on October, 1, 1999, to which any tax imposed by 
                paragraph (1) applies shall be liable for such tax.
                    (B) Method of payment.--The tax imposed by 
                paragraph (1) shall be paid in such manner as the 
                Secretary shall prescribe by regulations.
                    (C) Time for payment.--The tax imposed by paragraph 
                (1) shall be paid on or before April 1, 2000.
            (5) Articles in foreign trade zones.--Notwithstanding the 
        Act of June 18, 1934 (48 Stat. 998, 19 U.S.C. 81a) and any 
        other provision of law, any article which is located in a 
        foreign trade zone on October 1, 1999, shall be subject to the 
        tax imposed by paragraph (1) if--
                    (A) internal revenue taxes have been determined, or 
                customs duties liquidated, with respect to such article 
                before such date pursuant to a request made under the 
                1st proviso of section 3(a) of such Act, or
                    (B) such article is held on such date under the 
                supervision of a customs officer pursuant to the 2d 
                proviso of such section 3(a).
            (6) Definitions.--For purposes of this subsection--
                    (A) In general.--Terms used in this subsection 
                which are also used in section 5702 of the Internal 
                Revenue Code of 1986 shall have the respective meanings 
                such terms have in such section, as amended by this 
                Act.
                    (B) Secretary.--The term ``Secretary'' means the 
                Secretary of the Treasury or the Secretary's delegate.
            (7) Controlled groups.--Rules similar to the rules of 
        section 5061(e)(3) of such Code shall apply for purposes of 
        this subsection.
            (8) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the taxes 
        imposed by section 5701 of such Code shall, insofar as 
        applicable and not inconsistent with the provisions of this 
        subsection, apply to the floor stocks taxes imposed by 
        paragraph (1), to the same extent as if such taxes were imposed 
        by such section 5701. The Secretary may treat any person who 
        bore the ultimate burden of the tax imposed by paragraph (1) as 
        the person to whom a credit or refund under such provisions may 
        be allowed or made.

SEC. 522. MODIFICATION OF DEPOSIT REQUIREMENT.

    (a) In General.--Paragraph (1) of section 6302(f) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
sentence: ``This paragraph shall not apply to 1999 with respect to 
taxes imposed by chapters 51 and 52.''
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

                      PART III--CUSTOMS ACCESS FEE

SEC. 531. CUSTOMS ACCESS FEE.

    (a) Customs Access Fee.--Section 13031 of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended as 
follows:
            (1) Subsection (a) is amended by adding at the end the 
        following new paragraph:
            ``(11)(A) For the use of any automated system of the 
        Customs Service for processing commercial operations, the 
        Secretary of the Treasury shall assess a fee based on the 
        volume of usage of the system.
            ``(B) The Secretary shall publish in the Federal Register a 
        notice establishing the fee under this paragraph to ensure 
        collection in each fiscal year of the amount appropriated for 
        that fiscal year for the cost of modernizing automated 
        commercial operations of the Customs Service and of deploying 
        the International Trade Data System.''.
            (2) Subsection (b) is amended by adding at the end the 
        following new paragraph:
    ``(12) No fee may be charged to a Federal agency under subsection 
(a)(11).''.
            (3) Subsection (d) is amended by adding at the end the 
        following new paragraph:
    ``(5) The Customs Service shall issue bills on a monthly basis for 
the fee charged under subsection (a)(11).''.
            (4) Subsection (f)(1) is amended by adding at the end the 
        following:
``The fees authorized under subsection (a)(11) shall be available for 
obligation only to the extent and in the amount provided in advance in 
appropriations Acts for the costs of modernizing the automated 
commercial operations of the Customs Service and of deploying the 
International Trade Data System. The fees authorized under subsection 
(a)(11) shall be adjusted accordingly and are authorized to remain 
available until expended.''.
    (b) Effective Date.--The amendments made by this section take 
effect on October 1, 1999.

    PART IV--CUSTOMS AIR AND SEA PASSENGER PROCESSING FEE AMENDMENTS

SEC. 541. CUSTOMS PASSENGER AND CARGO FEE.

    Section 13031 of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C.58c) is amended as follows:
            (1) Subsection (a)(5) is amended to read as follows:
            ``(5)(A) For the arrival of each passenger aboard a 
        commercial vessel from a place referred to in subsection 
        (b)(1)(A)(i), $1.75.
            ``(B) Subject to subsection (f)(5), for the arrival of each 
        passenger aboard a commercial vessel or commercial aircraft 
        from a place outside the United States, $6.40, except that--
                    ``(i) the exemptions under clauses (i) and (iv) of 
                subsection (b)(1)(A) shall not apply; and
                    ``(ii) the exemption under clause (iii) of 
                subsection (b)(1)(A) shall not apply, except to the 
                arrival of a ferry which began operating on or before 
                January 1, 1999.''.
            (2) Subsection (b)(1) is amended--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``(a)(5)(B)'' and inserting 
                ``(a)(5)''; and
                    (B) by striking subparagraph (C).
            (3) Subsection (f) is amended--
                    (A) in paragraph (3)--
                            (i) by redesignating subparagraphs (B), 
                        (C), and (D) as subparagraphs (C), (D), and 
                        (E), respectively;
                            (ii) by inserting after subparagraph (A) 
                        the following:
    ``(B) Notwithstanding subparagraph (A) and subject to paragraph 
(5), the Secretary of the Treasury is authorized to reimburse directly 
from the fees collected under paragraph (5)(B) of subsection (a), the 
Customs `Salaries and Expenses' appropriation for the costs incurred by 
the Secretary for inspectional services, to the following extent:
            ``(i) Each fee ($6.40) collected pursuant to paragraph 
        (5)(B) of subsection (a) for services in connection with the 
        arrival of each passenger exempt, before the enactment of the 
        Discretionary Spending Offsets Act for Fiscal Year 2000, from 
        paying a fee under clause (i), (iii), or (iv) of subsection 
        (b)(1)(A), except for the arrival of any passenger on a ferry 
        which began operating on or before January 1, 1999.
            ``(ii) $1.40 of each fee collected pursuant to paragraph 
        (5)(B) of subsection (a) for services in connection with the 
        arrival of all other passengers.''; and
                            (iii) by striking the last sentence of 
                        subparagraph (A); and
                    (B) by amending paragraph (5) to read as follows:
    ``(5) Of the fees charged under paragraph (5)(B) of subsection (a), 
the amount specified under paragraph (3)(B) of this subsection for 
reimbursement shall be available for obligation only to the extent and 
in the amount provided in advance in appropriations Acts. Such fees 
shall apply to documents or tickets issued on or after the 30th day 
following the enactment of the applicable appropriations Act. Such fees 
are authorized to remain available until expended.''.

                    PART V--HARBOR SERVICES USER FEE

SEC. 551. HARBOR SERVICES FEE.

    (a) In General.--The Secretary of the Army, acting through the 
Chief of Engineers, shall impose a fee on the owners or operators of 
commercial vessels for services provided for the use of ports.
    (b) Amount of Fee.--
            (1) Individual fees.--The amount of the fee imposed under 
        subsection (a) shall be based on vessel category and vessel 
        capacity unit in accordance with the following:
                    (A) Bulkers, $0.12 per vessel capacity unit.
                    (B) Tankers, $0.28 per vessel capacity unit.
                    (C) General cargo vessels, $2.74 per vessel 
                capacity unit.
                    (D) Cruise vessels, $0.12 per vessel capacity unit.
            (2) Total fees.--The aggregate amount of fees imposed under 
        subsection (a) in any fiscal year shall be sufficient to pay 
        the projected total expenditures of the Department of the Army, 
        subject to appropriations, for harbor development, operation, 
        and maintenance for a fiscal year. If amounts appropriated in 
        any fiscal year are less than the amount collected in fees for 
        the prior fiscal year, then the rate of the fee for each vessel 
        category shall be reduced in the year of the appropriation so 
        as to result in collections not exceeding the total amount 
        appropriated from the Harbor Services Fund for that fiscal 
        year.
    (c) Imposition of Fees.--Fees imposed under subsection (a) shall be 
imposed on a voyage basis for commercial vessels and shall be payable 
by the operator of a commercial vessel upon the first port use by a 
vessel entering a United States port from a foreign port or at the 
originating port for domestic voyages.
    (d) Availability of Fees.--Fees imposed under subsection (a) in any 
fiscal year shall be available for obligation in the following fiscal 
year only to the extent and in the amount provided in advance in the 
appropriations Act for such fiscal year. Such fees are authorized to be 
appropriated to remain available until expended.
    (e) Exemptions.--No fee shall be imposed under subsection (a) for 
port use--
            (1) by the United States or any agency or instrumentality 
        of the United States;
            (2) in connection with intraport movements;
            (3) in connection with transporting commercial cargo from 
        the United States mainland to Alaska, Hawaii, or any possession 
        of the United States;
            (4) in connection with transporting commercial cargo from 
        Alaska, Hawaii, or any possession of the United States to the 
        United States mainland, Alaska, Hawaii, or such possession for 
        ultimate use or consumption in the United States mainland, 
        Alaska, Hawaii, or such a possession;
            (5) in connection with transporting commercial cargo within 
        Alaska, Hawaii, or a possession of the United States; or
            (6) in connection with transporting passengers on vessels, 
        documented under the laws of the United States, operating 
        solely within the States of Alaska or Hawaii and adjacent 
        international waters.
    (f) Regulations of the Secretary of the Treasury.--The Secretary of 
the Treasury shall be responsible for prescribing regulations--
            (1) providing for the manner and method of payment and 
        collection of the fees imposed under this section;
            (2) providing for the posting of bonds to secure payment of 
        such fees; and
            (3) exempting any transaction or class of transactions from 
        such fees where the collection of such fees is not 
        administratively practical.
    (g) Regulations of the Secretary of the Army.--The Secretary of the 
Army shall be responsible for prescribing regulations--
            (1) providing for the remittance or mitigation of penalties 
        and the settlement or compromise of claims with respect to fees 
        imposed under this section;
            (2) providing for a period review of amounts collected 
        under this section to ensure that the fees charged fairly 
        approximate the cost of services provided to commercial vessels 
        for port use;
            (3) providing for the prospective adjustment of the rate of 
        the fees imposed under this section for any one or more of the 
        bulker, tanker, or cruise vessel categories by up to $0.05, or, 
        in the case of the general cargo vessel category, by up to 
        $0.25, as necessary to fairly approximate the cost of services 
        provided to commercial vessels in each vessel category; and
            (4) such other regulations as may be necessary to carry out 
        the purposes of this part.

SEC. 552. HARBOR SERVICES FUND.

    (a) Establishment.--There is hereby established in the Treasury of 
the United States a Harbor Services Fund (hereinafter in this section 
referred to as ``the Fund'') into which shall be deposited as 
offsetting receipts all fees collected under section 551 and to which 
shall be transferred balances in the Harbor Maintenance Trust Fund 
established under section 9505 of the Internal Revenue Code of 1986 (26 
U.S.C. 9505).
    (b) Purposes.--
            (1) In general.-- Subject to subsection (c), amounts in the 
        Fund may be made available for each fiscal year to pay--
                    (A) 100 percent of the eligible harbor development 
                costs;
                    (B) 100 percent of the eligible operations and 
                maintenance costs assigned to commercial navigation of 
                all ports within the United States; and
                    (C) 100 percent of the eligible costs of 
                maintaining the Federal dredging capability for the 
                Nation.
            (2) Additional purposes.--In addition to the purposes set 
        forth in paragraph (1) of this subsection, an amount of up to 
        $100,000,000 per fiscal year is authorized to be appropriated 
        from the Fund for dredging of berthing areas and construction 
        and maintenance of bulkheads associated with a federally 
        authorized project and for all or a portion of the non-Federal 
        share of project costs of an eligible non-Federal interest 
        participating in the construction, operating, or maintenance of 
        a federally authorized project.
    (c) Expenditures From Harbor Services Fund.--
            (1) In general.-- Except as provided in paragraph (2), 
        amounts in the Fund shall be available, as provided in advance 
        in appropriation Acts, to carry out subsection (b) and for the 
        payment of expenses incurred in administering the fee imposed 
        by section 551. Such amounts are authorized to be appropriated 
        to remain available until expended.
            (2) St. lawrence seaway development corporation.--From the 
        balances transferred to the Harbor Services Fund pursuant to 
        subsection (a), such sums as may be necessary are hereby 
        reserved to implement legislation to be enacted to establish 
        the Saint Lawrence Seaway Development Corporation as a 
        Performance Based Organization.

SEC. 553. CONFORMING AMENDMENTS.

    (a) Water Resources Development Act of 1986.--Upon enactment of an 
appropriation Act for fiscal year 2000 authorizing the collection of 
fees pursuant to section 551(d), section 210 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238) shall no longer have effect.
    (b) Internal Revenue Code of 1986.--Upon enactment of an 
appropriation Act for fiscal year 2000 authorizing the collection of 
fees pursuant to section 551(d), sections 4461 and 4462 of the Internal 
Revenue Code of 1986 (26 U.S.C. 4461, 4462) shall no longer have 
effect.

SEC. 554. DEFINITIONS.

    In this part:
            (1) The term ``bulker'' means a waterborne vessel designed 
        to transport dry bulk cargo, including self-propelled vessels 
        and nonself-propelled vessels.
            (2) The term ``commercial cargo'' means any cargo 
        transported on a commercial vessel, except that the term does 
        not include bunker fuel, ship's stores, sea stores, or 
        equipment necessary to the operation of a vessel, or fish or 
        other aquatic animal life caught and not previously landed on 
        shore, and for purposes of paragraphs (3), (4), and (5) of 
        section 551(d), such term shall not include crude oil with 
        respect to Alaska.
            (3) The term ``commercial vessel'' means any vessel in 
        excess of 3,000 gross registered tons used in transporting 
        cargo or passengers by water for compensation or hire, or in 
        transporting cargo by water in the business of the owner, 
        lessee, or operator of the vessel, exceppt that such term shall 
        not include any ferry engaged primarily in the ferrying of 
        passengers (including their vehicles) between points within the 
        United States, or between the United States and contiguous 
        countries.
            (4) The term ``eligible harbor development costs'' means 
        the Federal share of the costs associated with construction of 
        the general navigation features at a harbor or inland harbor 
        within the United States.
            (5) The term ``eligible non-Federal interest'' means a non-
        Federal interest for a federally authorized navigation project 
        at a port where the average amount of the harbor service fee 
        collected over 3 consecutive fiscal years exceeds the average 
        Federal expenditures from the Harbor Services Fund at that port 
        during the same consecutive fiscal years by $10,000,000.
            (6) The term ``ferry'' means any vessel which arrives in 
        United States on a regular schedule during its operating season 
        at intervals of at least once each business day.
            (7) The term ``general cargo vessel'' means a waterborne 
        vessel designed to transport general cargo.
            (12) The term ``cruise vessel'' means a waterborne vessel 
        designed to transport fare paying, berthed passengers.
            (8) The term ``port'' means any channel or harbor (or 
        component thereof) in the United States which is not an inland 
        waterway and which is open to public navigation, except that 
        such term shall not include any channel or harbor with respect 
        to which no Federal funds have been used since 1989 for 
        construction, operation, or maintenance, or which was 
        deauthorized by Federal law before 1997 or to any channel or 
        harbor where commercial vessels cannot loan or unload cargo or 
        passengers.
            (9) The term ``port use'' means the use of a channel by a 
        commercial vessel for entering and exiting a port for 
        commercial purposes.
            (10) The term ``tanker'' means a waterborne vessel designed 
        to transport liquid bulk cargo, including self-propelled 
        vessels and nonself-propelled vessels.
            (11) The term ``United States mainland'' means the 
        contiguous 48 States.
            (12) The term `vessel capacity unit'' means the unit 
        measure of vessel capacity represented by net tonnage, or, in 
        the case of containerships or cruise vessels, gross tonnage.

SEC. 555. EFFECTIVE DATE.

    The fees imposed under section 551(a) shall take effect on October 
1, 1999.

                       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.

    (a) In General.--Section 206 of the Social Security Act (42 U.S.C. 
406) is amended by adding at the end the following new subsection:
    ``(d) Assessment on Attorneys.--
            ``(1) In general.--Whenever a fee for services is required 
        to be certified for payment to an attorney from a claimant's 
        past-due benefits pursuant to subsection (a)(4)(A) or 
        (b)(1)(A), the Commissioner shall impose on the attorney an 
        assessment calculated in accordance with paragraph (2).
            ``(2) Amount.--
                    ``(A) The amount of an assessment under paragraph 
                (1) shall be equal to the product obtained by 
                multiplying the amount of the representative's fee that 
                would be required to be so certified by subsection 
                (a)(4)(A) or (b)(1)(A) before the application of this 
                subsection, by the percentage specified in subparagraph 
                (B).
                    ``(B) The percentage specified in this subparagraph 
                is--
                            ``(i) for calendar years before 2001, 6.3 
                        percent, and
                            ``(ii) for calendar years after 2000, 6.3 
                        percent or such different percentage rate as 
                        the Commissioner determines is necessary in 
                        order to achieve full recovery of the costs of 
                        certifying fees to attorneys from the past-due 
                        benefits of claimants.
            ``(3) Collection.--The Commissioner is authorized to 
        collect the assessment imposed on an attorney under paragraph 
        (1) by offset from the amount of the fee otherwise required by 
        subsection (a)(4)(A) or (b)(1)(A) to be certified for payment 
        to the attorney from a claimant's past-due benefits.
            ``(4) Prohibition on claimant reimbursement.--An attorney 
        subject to an assessment under paragraph (1) may not, directly 
        or indirectly, request or otherwise obtain reimbursement for 
        such assessment from the claimant whose claim gave rise to the 
        assessment.
            ``(5) Disposition of assessments.--Assessments on attorneys 
        collected under this subsection shall be credited to the 
        Federal Old-Age and Survivors Insurance Trust Fund and Federal 
        Disability Insurance Trust Fund, as appropriate.
            ``(6) Authorization of appropriations.--The assessments 
        authorized under this section shall be available for obligation 
        only to the extent and in the amount provided in advance by 
        appropriation Acts. These amounts are authorized to be 
        appropriated to remain available until expended, for 
        administrative expenses in carrying out this title and related 
        laws.''.
    (b) Conforming Amendments.--
            (1) Section 206(a)(4)(A) of such Act is amended by 
        inserting ``and subsection (d)'' after ``subparagraph (B)''.
            (2) Section 206(b)(1)(A) of such Act is amended by 
        inserting ``, but subject to the provisions of subsection (d)'' 
        after ``section 205(i)''.
    (c) Effective Date.--The amendments made by this section shall 
apply in the case of any attorney with respect to whom a fee for 
services is required to be certified for payment from a claimant's 
past-due benefits pursuant to subsection (a)(4)(A) or (b)(1)(A) of 
section 206 of the Social Security Act after the later of--
            (1) December 31, 1999, or
            (2) the last day of the first month beginning after the 
        month in which this Act is enacted.

      PART II--TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AMENDMENTS

SEC. 621. FY 2000 STATE TANF SUPPLEMENTAL GRANT LIMITED TO AMOUNT OF 
              GRANT FOR FY 1999.

    (a) In General.--Section 403(a)(3) of the Social Security Act (42 
U.S.C. 603(a)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii)--
                            (i) by striking ``each of fiscal years 
                        1999, 2000, 2001'' and inserting ``fiscal year 
                        1999''; and
                            (ii) by striking the period and inserting a 
                        semicolon; and
                    (C) by adding at the end the following:
                            ``(iii) for fiscal year 2000, a grant in an 
                        amount equal to the amount of the grant to the 
                        State under clause (ii) for fiscal year 1999; 
                        and
                            ``(iv) for fiscal year 2001, a grant in the 
                        amount that would be determined pursuant to 
                        clause (ii) if the grant for fiscal year 2000 
                        had been determined pursuant to former clause 
                        (ii) (as in effect during fiscal year 1999).''; 
                        and
            (2) in subparagraph (B), by striking ``subparagraph 
        (A)(ii)'' and inserting ``clause (ii), (iii), or (iv) of 
        subparagraph (A)''.

   PART III--TEMPORARY ASSISTANCE FOR NEEDY FAMILIES CONTINGENCY FUND

SEC. 631. DEPOSITS INTO FUND.

    Section 403(b)(2) of the Social Security Act (42 U.S.C. 603(b)(2)) 
is amended by striking ``in a total amount not to exceed 
$2,000,000,000''.

SEC. 632. STATE ELIGIBILITY FOR GRANTS; ELIMINATION OF EXTRA MONTH OF 
              ELIGIBILITY.

    Section 403(b)94) of the Social Security Act (42 U.S.C. 603(b)(4) 
is amended by striking ``in the 2-month period that begins with any 
month for which'' and inserting ``in which''.

SEC. 633. ANNUAL RECONCILIATION.

    (a) Revision of Remittance Adjustment Formula Factor Based on 
Number of Months State Was a Needy State.--Section 
403(b)(6)(A)(ii)(III) of the Social Security Act (42 U.S.C. 
603(b)(6)(A)(ii)(III)) is amended by striking ``\1/12\ times the number 
of months'' and inserting ``if the State was a needy State for less 
than 6 months in the fiscal year, \1/6\ times the number of months''.
    (b) Repeal of Adjustment of State Remittances for Fiscal Years 2000 
and 2001 Enacted in Adoption and Safe Families Act of 1997.--Section 
403(b)(6)(C)(ii) of such Act (42 U.S.C. 603(b)(6)(C)(ii)) is amended--
            (1) in subclause (I), by adding ``and'' at the end;
            (2) in subclause (II), by striking the semicolon and 
        inserting a period; and
            (3) by striking subclauses (III) and (IV).
    (c) State With Substantial Unobligated Grants Required to Return 
All Contingency Fund Grants.--Section 403(b)(6) of such Act (42 U.S.C. 
603(b)(6)) is amended--
            (1) in subparagraph (A), in the matter preceding clause 
        (i), by inserting ``the amount specified in subparagraph (D), 
        if applicable, and otherwise'' after ``is not a needy State''; 
        and
            (2) by adding at the end the following:
                    ``(D) Full repayment required if state has 
                substantial funds unobligated.--A State shall remit to 
                the Secretary, as provided in subparagraph (A), the 
                entire payment made under this subsection for a fiscal 
                year if the State fails to obligate, on or before the 
                last day of the fiscal year--
                            ``(i) 90 percent of all grants under 
                        subsection (a)(1) to which the State is 
                        entitled for the fiscal year; and
                            ``(ii) all grants received under subsection 
                        (a) for prior fiscal years.''.

SEC. 634. EFFECTIVE DATE.

    The amendments made by this part shall be effective with respect to 
fiscal year 2000 and succeeding fiscal years.

                        Subtitle G--Health Care

                        PART I--MEDICARE SAVERS

SEC. 711. REFERENCES IN PART.

    Except as otherwise provided in this part, references to a section 
or other provision of law are references to the Social Security Act, 
and amendments made by this part to a section or other provision of law 
are amendments to such section or other provision of that Act.

SEC. 712. REDUCTION OF CLINICAL DIAGNOSTIC LABORATORY TEST CAP FROM 74 
              PERCENT TO 72 PERCENT.

    Section 1833(h)(4)(B) (42 U.S.C. 13951(h)(4)(B)) is amended--
            (1) by striking ``and'' at the end of clause (vii);
            (2) in clause (viii)--
                    (A) by inserting ``and before January 1, 2000,'' 
                after ``December 31, 1997,''; and
                    (B) by striking the period and inserting ``, and''; 
                and
            (3) by adding at the end the following new clause:
            ``(ix) after December 31, 1999, is equal to 72 percent of 
        such median.''.

SEC. 713. ESTABLISHMENT OF NATIONAL LIMIT ON PAYMENTS FOR PROSTHETICS 
              AND ORTHOTICS.

    Section 1834(h) (42 U.S.C. 1395m(h)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B)(ii), by inserting ``or (3), 
                as applicable,'' after ``paragraph (2)''; and
                    (B) in subparagraph (E)--
                            (i) in the heading, by inserting before the 
                        period ``for items furnished before 2000''; and
                            (ii) by striking ``Payment for'' and 
                        inserting ``For items furnished before 2000, 
                        payment for'';
            (2) in paragraph (2)--
                    (A) in the heading, by inserting before the period 
                ``for items furnished before 2000'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``For purposes of'' and inserting ``For items 
                furnished before 2000, for purposes of'';
                    (C) in subparagraph (B)(ii), by striking ``for each 
                subsequent year'' and inserting ``for each of 1993 
                through 1999'';
                    (D) in subparagraph (C)--
                            (i) in the heading, by inserting before the 
                        period ``for items furnished before 2000'';
                            (ii) in the matter preceding clause (i), by 
                        striking ``For purposes of'' and inserting 
                        ``For items furnished before 2000, for purposes 
                        of''; and
                            (iii) in clause (iv), by striking ``1994 or 
                        a subsequent year'' and inserting ``each of 
                        1994 through 1999''; and
                    (E) in subparagraph (D)(ii), by striking ``in a 
                subsequent year'' and inserting ``in each of 1993 
                through 1999'';
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (4) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Purchase price recognized for 2000 and subsequent 
        years.--For 2000 and each subsequent year, for purposes of 
        paragraph (1), the amount recognized under this paragraph as 
        the purchase price for prosthetic devices, orthotics, and 
        prosthetics is the national limited payment amount for purchase 
        of the item for that year determined in accordance with 
        subparagraphs (B) and (C) of section 1834(a)(2).''; and
            (5) in paragraph (5)(A), as so redesignated--
                    (A) by adding ``and'' at the end of clause (iv);
                    (B) by amending clause (v) to read as follows:
                            ``(v) for 1998 and 1999, 1 percent.''; and
                    (C) by striking clause (vi).

SEC. 714. REDUCTION IN PAYMENT FOR BAD DEBTS.

    (a) Reduction in Payment for Hospital Bad Debts.--Section 
1861(v)(1)(T)(iii) (42 U.S.C. 1395x(v)(1)(T)(iii)) is amended by 
striking ``45 percent'' and inserting ``55 percent''.
    (b) Extension of Bad Debt Payment Limitation to Other Relevant 
Facilities and Providers of Services.--Section 1861(v)(1)(T) (42 U.S.C. 
1395x(v)(1)(T)), as amended by subsection (a), is further amended--
            (1) by redesignating clauses (i) through (iii) as 
        subclauses (I) through (III), respectively;
            (2) by inserting ``(i)'' after ``(T)''; and
            (3) by adding at the end the following new clause:
    ``(ii) In determining such reasonable or allowable costs for all 
facilities or other providers of services entitled to claim bad debt 
reimbursement, the amount of bad debts treated as allowable costs which 
are attributable to the deductibles and coinsurance amounts under this 
title shall be reduced for cost reporting periods beginning on or after 
October 1, 1999, by 55 percent of such amount otherwise allowable.''.
    (c) Repeal of Moratorium on Bad Debt Policy.--Section 4008(c) of 
the Omnibus Budget Reconciliation Act of 1987 (42 U.S.C. 1395f note) is 
repealed.

SEC. 715. PPS HOSPITAL PAYMENT UPDATE FOR FISCAL YEAR 2000.

    Section 1886(b)(3)(B)(i)(XV) (42 U.S.C. 1395ww(b)(3)(B)(i)(XV)) is 
amended by striking ``the market basket percentage increase minus 1.8 
percentage points for hospitals in all areas'' and inserting ``0 
percent''.

SEC. 716. NO MARKUP FOR COVERED DRUGS; ELIMINATION OF OVERPAYMENTS FOR 
              EPOGEN.

    (a) No Markup for Covered Drugs.--Section 1842(o)(1) (42 U.S.C. 
1395u(o)(1)) is amended by striking ``is equal to 95 percent of the 
average wholesale price.'' and inserting ``is equal to--
                    ``(A) for 1998 and 1999, 95 percent of the average 
                wholesale price, and
                    ``(B) for 2000 and each subsequent year, 83 percent 
                of the average wholesale price.''.
    (b) Elimination of Overpayments for Epogen.--Section 
1881(b)(11)(B)(ii) (42 U.S.C. 1395rr(b)(11)(B)(ii)) is amended--
            (1) in subclause (I)--
                    (A) by striking ``provided during 1994'' and 
                inserting ``provided before 2000''; and
                    (B) by striking ``and'' at the end;
            (2) by redesignating subclause (II) as subclause (III); and
            (3) by inserting after subclause (I) the following new 
        subclause:
                    ``(II) for erythropoietin provided during 2000, in 
                an amount equal to $9 per thousand units (rounded to 
                the nearest 100 units), and''.

SEC. 717. PARTIAL HOSPITALIZATION SERVICES.

    (a) Services Not to Be Furnished in Residential Settings.--Section 
1861(ff)(3)(A) (42 U.S.C. 1395x(ff)(3)(A)) is amended by inserting 
``other than in an individual's home or in an inpatient or residential 
setting'' before the period.
    (b) Additional Requirements for Community Mental Health Centers.--
Section 1861(ff)(3)(B) (42 U.S.C. 1395x(ff)(3)(B)) is amended by 
striking ``entity--'' and all that follows and inserting the following: 
``entity that--
            ``(i) provides the services specified in section 1913(c)(1) 
        of the Public Health Service Act;
            ``(ii) meets applicable certification or licensing 
        requirements for community mental health centers in the State 
        in which it is located; and
            ``(iii) meets such additional standards or requirements as 
        the Secretary may specify in the interest of the health and 
        safety of individuals furnished services, or for the effective 
        or efficient furnishing of services.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
apply to services furnished after the date that is 60 days after the 
date of enactment of this part.

SEC. 718. INFORMATION REQUIREMENTS.

    (a) Information From Group Health Plans.--Section 1862(b) (42 
U.S.C. 1395y(b)) is amended by adding at the end the following new 
paragraph:
            ``(7) Information from group health plans.--
                    ``(A) Provision of information by group health 
                plans.--The administrator of a group health plan 
                subject to the requirements of paragraph (1) shall 
                provide to the Secretary any or all of the information 
                elements listed in subparagraph (C), and in such manner 
                and at such times (but not more frequently than four 
                times per year), as the Secretary may specify, with 
                respect to each individual covered under the plan and 
                entitled to benefits under this title.
                    ``(B) Provision of information by deployers wind 
                employee organizations.--An employer (or employee 
                organization) that maintains or participates in a group 
                health plan subject to the requirements of paragraph 
                (1) shall provide to the administrator of the plan any 
                or all of the information elements listed in 
                subparagraph (C), and in such manner and at such times 
                (but not more frequently than four times per year), as 
                the Secretary may specify, with respect to each 
                individual covered under the plan and entitled to 
                benefits under this title.
                    ``(C) Information elements to be provided.--The 
                information elements to be provided under subparagraph 
                (A) or (B) are the following:
                            ``(i) Elements concerning the individual.--
                                    ``(I) The individual's name.
                                    ``(II) The individual's date of 
                                birth.
                                    ``(III) The individual's sex.
                                    ``(IV) The individual's social 
                                security number.
                                    ``(V) The number assigned by the 
                                Secretary to the individual for claims 
                                under this title.
                                    ``(VI) The family relationship of 
                                the individual to the person who has or 
                                had current or former employment status 
                                with the employer.
                            ``(ii) Elements concerning the family 
                        member with current or former employment 
                        status.--
                                    ``(I) The name of the person in the 
                                individual's family who has current or 
                                former employment status with the 
                                employer.
                                    ``(II) That person's social 
                                security number.
                                    ``(III) The number or other 
                                identifier assigned by the plan to that 
                                person.
                                    ``(IV) The periods of coverage for 
                                that person under the plan.
                                    ``(V) The employment status of that 
                                person (current or former) during those 
                                periods of coverage.
                                    ``(VI) The classes of that person's 
                                family members covered under the plan.
                            ``(iii) Plan elements.--
                                    ``(I) The nature of the items and 
                                services covered under the plan.
                                    ``(II) The name and address to 
                                which claims under the plan are to be 
                                sent.
                                    ``(III) The name, address, and tax 
                                identification number of the plan 
                                sponsor.
                            ``(iv) Elements concerning the employer.--
                                    ``(I) The employer's name.
                                    ``(II) The employer's address.
                                    ``(III) The employer identification 
                                number of the employer.
                                    ``(IV) The employer tax 
                                identification number of the employer 
                                (if different from the number under 
                                subclause (III)).
                    ``(D) Use of identifiers.--The administrator of a 
                group health plan shall utilize an identifier for the 
                plan (that the Secretary may furnish) in providing 
                information under subparagraph (A) and in other 
                transactions, as may be specified by the Secretary, 
                related to the provisions of this subsection.
                    ``(E) Penalty for noncompliance.--Any entity that 
                knowingly and willfully fails to comply with a 
                requirement imposed by the previous subparagraphs shall 
                be subject to a civil money penalty not to exceed 
                $1,000 for each incident of such failure. The 
                provisions of section 1128A (other than subsections (a) 
                and (b)) shall apply to a civil money penalty under the 
                previous sentence in the same manner as those 
                provisions apply to a penalty or proceeding under 
                section 1128A(a).''.
    (b) Effective Date.--The amendment made by subsection (a) is 
effective 180 days after the date of enactment of this part.

SEC. 719. CENTERS OF EXCELLENCE.

    (a) In General.--Title XVIII (42 U.S.C. 1395 et seq.) is amended by 
inserting after section 1888 the following new section:

                        ``centers of excellence

    ``Sec. 1889. (a) In General.--The Secretary shall use a competitive 
process to contract with specific hospitals or other entities for 
furnishing services related to surgical procedures, and for furnished 
services (unrelated to surgical procedures) to hospital inpatients that 
the Secretary determines to be appropriate. Such services may include 
any services covered under this title that the Secretary determines to 
be appropriate, including post-hospital services.
    ``(b) Quality Standards.--Only entities that meet quality standards 
established by the Secretary shall be eligible to contract under this 
section. Entities shall implement a quality improvement plan approved 
by the Secretary.
    ``(c) Payment.--Payment under this section shall be made on the 
basis of negotiated all-inclusive rates. The amount of payment made by 
the Secretary to an entity under this title for services covered under 
a contract shall be less than the aggregate amount of the payments that 
the Secretary would have otherwise made for the services.
    ``(d) Contract Period.--A contract period shall be 3 years (subject 
to renewal), as long as the entity continues to meet quality and other 
contractual standards.
    ``(e) Incentives for Use of Centers.--The Secretary may permit 
entities under a contract under this section to furnish additional 
services or waive beneficiary cost-sharing, subject to the approval of 
the Secretary.
    ``(f) Limit on Number of Centers.--The Secretary shall limit the 
number of centers in a geographic area to the number needed to meet 
projected demand for contracted services.''.
    (b) Effective Dates.--
            (1) The amendment made by subsection (a) applies to 
        services furnished on or after October 1, 2000.
            (2) Not later than October 1, 2000, the Secretary shall 
        enter into contracts under the amendment made by subsection (a) 
        for coronary artery bypass surgery and other heart procedures, 
        knee replacement surgery, and hip replacement surgery, in 
        geographic areas nationwide such that at least 20 percent of 
        the projected number of those procedures can be provided.

SEC. 719A. EFFECT OF ENACTMENT.

    Not more than $1,100,000,000 of the savings for fiscal year 2000 
resulting from the enactment of this part may be treated as negative 
discretionary budget authority and outlays for such fiscal year.

            PART II--FOOD AND DRUG ADMINISTRATION USER FEES

SEC. 720. REFERENCES IN PART.

    Except as otherwise provided in this part, references to a section 
or other provision of law are references to the Federal Food, Drug, and 
Cosmetic Act, and amendments made by this part to a section or other 
provision of law are amendments to such section or other provision of 
that Act.

                     Subpart A--Medical Device Fees

SEC. 721. SHORT TITLE.

    This subpart may be cited as the ``Medical Device Fee Act of 
1999''.

SEC. 722. FEES RELATING TO DEVICES.

    Chapter VII (21 U.S.C. 371 et seq.) is amended--
            (1) by redesignating sections 741, 742, 746, 751, 752, and 
        756, respectively; and
            (2) by adding at the end of subchapter C the following new 
        part:

                   ``PART 3--FEES RELATING TO DEVICES

``SEC. 741. DEFINITIONS.

    ``For the purposes of this part, the terms listed in this section 
have the following meanings:
            ``(1) Device applications.--The term `device application' 
        means--
                    ``(A) an application for approval of a device 
                submitted under section 515(c) or section 351 of the 
                Public Health Service Act;
                    ``(B) a supplement to an application described in 
                subparagraph (A); or
                    ``(C) a product development protocol described in 
                section 515(f).
            ``(2) Supplement.--The term `supplement' means a request to 
        the Secretary to approve a change in a device for which a 
        notice of completion has become effective under section 515(f) 
        or for which an application has been approved under section 
        515(d) or under section 351 of the Public Health Service Act.
            ``(3) Establishment.--The term `establishment' means an 
        establishment engaged in the manufacture, preparation, 
        propagation, compounding, or processing of a device or devices, 
        with respect to which the person owning or operating such 
        establishment is subject to the annual registration requirement 
        under section 510. For purposes of the fees under this part, a 
        place of business that is owned or operated by a single person, 
        and which is at 1 general physical location consisting of 1 or 
        more buildings all of which are within 5 miles of each other, 
        shall be considered a single establishment.
            ``(4) Periodic pma report.--The term `periodic PMA report' 
        means any of such periodic reports as the Secretary may be 
        regulation require of the holder of an approved premarket 
        application or product development protocol pursuant to section 
        515.
            ``(5) Process for the review of device applications.--The 
        term `process for the review of device applications' means the 
        following activities of the Secretary with respect to the 
        review of device applications and related activities:
                    ``(A) The activities necessary for the review of 
                device applications and related activities.
                    ``(B) The issuance of action letters which allow 
                marketing of devices or which set forth in detail the 
                specific deficiencies in such applications and, where 
                appropriate, the actions necessary to place such 
                applications in approvable form.
                    ``(C) The inspection of device establishments and 
                other facilities undertaken as part of the Secretary's 
                review of pending device applications.
                    ``(D) Any activity necessary for the review of 
                applications--
                            ``(i) for licensure of devices subject to 
                        section 351 of the Public Health Service Act; 
                        and
                            ``(ii) for the release of lots of such 
                        devices.
                    ``(E) Review of device applications for an 
                investigational new drug exemption under section 505(i) 
                or for an investigational device exemption under 
                section 520(g) and activities conducted in anticipation 
                of the submission of an application under section 
                505(i) or 520(g).
                    ``(F) The development of guidance, policy 
                documents, or regulations to improve the process for 
                the review of device applications.
                    ``(G) The development of test methods or standards 
                in connection with the review of device applications 
                and related activities.
                    ``(H) The provision of technical assistance to 
                device manufacturers in connection with the submission 
                of a device application.
                    ``(I) Any activity undertaken under section 513 or 
                515(i) in connection with the initial classification or 
                reclassification of a device or under section 515(b) in 
                connection with any requirement for approval of a 
                device.
                    ``(J) Monitoring of research on devices.
                    ``(K) Any activity undertaken under section 519(a) 
                or 519(b).
                    ``(L) Evaluation of postmarket studies required as 
                a condition of an approval of a device application 
                under section 515(d) or section 351 of the Public 
                Health Service Act.
                    ``(M) Evaluation of postmarket surveillance 
                required under section 522.
            ``(6) Costs of resources allocated for the process for the 
        review of device applications.--The term `costs of resources 
        allocated for the process for the review of device 
        applications' means the expenses incurred in connection with 
        the process for the review of device applications and related 
        activities for--
                    ``(A) officers and employees of the Food and Drug 
                Administration, employees under contract with the Food 
                and Drug Administration, advisory committees, and costs 
                related to such officers, employees, and committees;
                    ``(B) management of information, and the 
                acquisition, maintenance, and repair of computer 
                resources;
                    ``(C) leasing, maintenance, renovation, and repair 
                of facilities and acquisition, maintenance, and repair 
                of fixtures, furniture, scientific equipment, and other 
                necessary materials, services, and supplies; and
                    ``(D) collecting fees under section 742 and 
                accounting for resources allocated for the review of 
                device applications, including activities related to 
                the review of applications for fee exceptions, waivers, 
                and reductions.
            ``(7) Adjustment factor.--The term `adjustment factor' has 
        the meaning given that term in section 735(8), except that 
        references therein--
                    ``(A) to `1997' shall be read to mean `1999'; and
                    ``(B) to `the 105th Congress' shall be read to mean 
                `the 106th Congress'.

``SEC. 742. AUTHORITY TO ASSESS AND USE DEVICE FEES.

    ``(a) Types of Fees.--Beginning in fiscal year 2000, the Secretary 
shall assess and collect fees in accordance with this section as 
follows:
            ``(1) Device application fee.--
                    ``(A) In general.--Subject to the remaining 
                provisions of this section, except as provided in 
                subparagraph (B), each person that submits a device 
                application on or after October 1, 1999, shall be 
                subject to the fee prescribed by subsection (b). Before 
                April 30, 2000, the Secretary shall establish 
                guidelines for the combination of multiple device 
                applications in those situations where it is 
                appropriate to combine the applications and assess a 
                single fee. A single fee shall be assessed upon an 
                application which is such a combination.
                    ``(B) Exceptions.--
                            ``(i) Further manufacturing use.--No fee 
                        shall be required for the submission of a 
                        device application under section 351 of the 
                        Public Health Service Act for a product 
                        licensed for further manufacturing use only.
                            ``(ii) Previously filed application or 
                        supplement.--If a device application was--
                                    ``(I) submitted by a person that 
                                paid the fee for such application;
                                    ``(II) accepted for filing; and
                                    ``(III) not approved or was 
                                withdrawn,
                        the submission of a device application for the 
                        identical device by the same person (or the 
                        person's licensee, assignee, or successor) 
                        shall not be subject to a fee under 
                        subparagraph (A).
                            ``(iii) Special labeling improvements.--No 
                        fee shall be required for the submission of a 
                        device application for a change in approved 
                        labeling that enhances the safety of the device 
                        or the safety in the use of the device.
            ``(2) Establishment registration fee.--Each person that is 
        subject to the annual registration requirement under section 
        510 with respect to 1 or more establishments shall be assessed 
        an annual fee established in subsection (b) for each such 
        establishment.
            ``(3) Periodic pma report fee.--Each person that is 
        required to make a periodic PMA report on or after October 1, 
        1999, shall be assessed and annual fee established in 
        subsection (b) for each device with respect to which such 
        report is required.
    ``(b) Fee Amounts.--Except as otherwise provided in this section, 
the fees required under subsection (a) shall be determined and assessed 
as follows:
            ``(1) For fiscal year 2000.--
                    ``(A) Application and supplement fees.--The 
                application fee under subsection (a)(1) shall be--
                            ``(i) $40,000 for a device application 
                        described in subparagraph (A) or (C) of section 
                        741(1); and
                            ``(ii) $4,590 for a device application 
                        described in subparagraph (B) of section 
                        741(1).
                    ``(B) Establishment registration fee.--The annual 
                establishment registration fee under subsection (a)(2) 
                shall be $200.
                    ``(C) Periodic pma report fee.--The periodic PMA 
                report fee under subsection (a)(3) shall be $1,000.
            ``(2) Inflation adjustment for subsequent years.--The fees 
        established in subsection (b) shall be adjusted by the 
        Secretary by notice, published in the Federal Register, for 
        fiscal year 2001 and each succeeding fiscal year to reflect an 
        inflation adjustment determined as described in section 
        736(c)(1), except that the reference therein to `fiscal year 
        1997' shall be considered to mean `fiscal year 2000'.
    ``(c) Special Circumstances for Fee Waiver or Reduction; Small 
Business Exception.--
            ``(1) Waivers.--The Secretary shall grant a waiver from or 
        a reduction of a fee for a person under this subsection if the 
        person has submitted an application under section 515(c) or 
        515(f), or under section 351 of the Public Heath Service Act 
        and if the Secretary finds--
                    ``(A) that such application is a device application 
                for a device which has a humanitarian device exemption 
                under section 520(m); or
                    ``(B)(i) such waiver or reduction is necessary to 
                protect the public health; or
                    ``(ii) the assessment of the fee would present a 
                significant barrier to innovation because of limited 
                resources available to such person or other 
                circumstances.
            ``(2) Small business exception.--
                    ``(A) Applications and submissions.--The Secretary 
                may waive the fee for any person employing fewer than 
                20 employees, including employees of affiliates (as 
                defined in section 735(9)), that does not have, and 
                whose affiliates do not have, an approved application 
                submitted under section 515(c) or under section 351 of 
                the Public Health Service Act or a cleared premarket 
                notification under section 510(k).
                    ``(B) Certification.--The Secretary shall require 
                any person who seeks a waiver in accordance with 
                subparagraph (A) to certify such person's qualification 
                under such subparagraph. The Secretary shall 
                periodically publish in the Federal Register a list of 
                persons making such certification.
    ``(d) Payment Deadline; Effect of Failure To Pay Fees.--
            ``(1) Device application fee.--A device application fee 
        required under this section shall be due at the time the 
        application is submitted to the Secretary. A device application 
        or supplement submitted by a person subject to fees under this 
        section shall be considered incomplete and shall not be 
        accepted for review by the Secretary until all such fees owed 
        by such person have been paid.
            ``(2) Establishment registration fee.--An establishment 
        registration fee required under this section shall be due not 
        later than December 31 of each year. A device establishment for 
        which a fee due under this section has not been paid by such 
        date shall not be considered a registered establishment for 
        purposes of section 510.
            ``(3) Periodic pma report fee.--A periodic PMA report fee 
        shall be due not later than the due date of the periodic PMA 
        report, as set forth in the notice approving the PMA 
        application (or, in the case of a PMA for which reports are 
        required to be submitted more often than annually, on the due 
        date of the first such report in such fiscal year). A periodic 
        PMA report with respect to which such annual fee has not been 
        paid by such due date shall not be considered to have been 
        filed as required in the notice of approval of the PMA.
            ``(4) Additional sanctions.--In addition to the sanctions 
        described above, the Secretary may--
                    ``(A) discontinue review of any device application 
                submitted by a person if such person has not paid all 
                fees owed under this section; and
                    ``(B) assess a penalty of 25 percent of the fee 
                due, in the case of any fee overdue by more than 3 
                months.
    ``(e) Refund of Fees.--
            ``(1) If device application refused.--The Secretary shall 
        refund 75 percent of the fee paid under subsection (d)(1) for 
        any device application which the Secretary refuses to accept 
        for review.
            ``(2) If device application withdrawn.--If a device 
        application is withdrawn after the Secretary has accepted it 
        for review, the Secretary may refund all or a portion of the 
        fee if no substantial work was performed on the application 
        after acceptance for review. The determination whether to 
        refund all or any portion of the fee shall be in the 
        Secretary's sole discretion and shall not be reviewable.
    ``(f) General Conditions Applicable to Fee Assessment Authority.--
            ``(1) Limitation.--Fees may not be assessed under this 
        section for a fiscal year beginning after fiscal year 2000 
        unless appropriations for such fiscal year for salaries and 
        expenses of the Food and Drug Administration (excluding amounts 
        appropriated for fees under this subchapter), and for that 
        portion of such appropriation designated for the Center for 
        Devices and Radiological Health, equal or exceed such 
        appropriations for fiscal year 1999 multiplied by the 
        adjustment factor.
            ``(2) Delayed assessment.--If the Secretary does not assess 
        fees under this section during any portion of a fiscal year 
        because of paragraph (1) and if at a later date in such fiscal 
        year the Secretary may assess such fees, the Secretary may 
        assess and collect such fees, without modification in the rate, 
        at any time in such fiscal year notwithstanding the provisions 
        of subsection (d) relating to the date fees are to be paid.
    ``(g) Crediting and Availability of Fees.--
            ``(1) In general.--Fees authorized under this section shall 
        be available for obligation only to the extent and in the 
        amounts provided in advance in appropriations Acts. Such fees 
        are authorized to be appropriated to remain available until 
        expended solely for the review of device applications. Such 
        fees shall be credited to the appropriation account for 
        salaries and expenses of the Food and Drug Administration. Any 
        amount of fees collected for a fiscal year under this 
        subsection that exceeds the amount of fees made available in 
        appropriations Acts for such fiscal year may be credited to the 
        appropriation account for salaries and expenses of the Food and 
        Drug Administration. Excess fees may be retained but are not 
        available for obligation until appropriated. Such sums as may 
        be necessary may be transferred from the Food and Drug 
        Administration salaries and expenses appropriation account 
        without fiscal year limitation to such appropriation account 
        for salaries and expenses with such fiscal year limitation.
            ``(2) Limitation.--The fees authorized by this section 
        shall only be available to defray increases in the costs of the 
        resources allocated for the process for the review of device 
        applications (including increases in such costs for an 
        additional number of full-time equivalent employees in the 
        Department of Health and Human Services to be engaged in such 
        process) over such costs for fiscal year 1999 multiplied by the 
        adjustment factor.
    ``(h) Authorization of Appropriations.--
            ``(1) Device application fees.--There are authorized to be 
        appropriated for device application fees under this section--
                    ``(A) $3,645,000 for fiscal year 2000;
                    ``(B) $3,745,000 for fiscal year 2001;
                    ``(C) $3,845,000 for fiscal year 2002;
                    ``(D) $3,945,000 for fiscal year 2003; and
                    ``(E) $4,000,000 for fiscal year 2004.
            ``(2) Establishment registration fees.--There are 
        authorized to be appropriated for establishment registration 
        fees under this section--
                    ``(A) $2,880,000 for fiscal year 2000;
                    ``(B) $2,955,000 for fiscal year 2001;
                    ``(C) $3,030,000 for fiscal year 2002;
                    ``(D) $3,100,000 for fiscal year 2003; and
                    ``(E) $3,200,000 for fiscal year 2004.
            ``(3) Periodic pma report fees.--There are authorized to be 
        appropriated for periodic PMA report fees under this section--
                    ``(A) $475,000 for fiscal year 2000;
                    ``(B) $500,000 for fiscal year 2001;
                    ``(C) $525,000 for fiscal year 2002;
                    ``(D) $550,000 for fiscal year 2003; and
                    ``(E) $570,000 for fiscal year 2004.
    ``(i) Collection of Unpaid Fees.--In any case where the Secretary 
does not receive payment of a fee assessed under this section within 30 
days after it is due, such fee shall be treated as a claim of the 
United States Government subject to subchapter II of chapter 37 of 
title 31, United States Code.
    ``(j) Annual Report.--Beginning with fiscal year 2000, not later 
than 120 days after the end of each fiscal year during which fees are 
collected under this part the Secretary shall prepare and submit to the 
Committee on Commerce of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate a report 
concerning--
            ``(1) the reduction in the backlog for the review of device 
        applications and the reduction in the amount of time to 
        complete review of such applications after submission;
            ``(2) the implementation of the authority for such fees 
        during such fiscal year; and
            ``(3) the use, by the Food and Drug Administration, of the 
        fees collected during such fiscal year.''.

SEC. 723. SUNSET.

    The amendments made by this subpart shall not be in effect after 
September 30, 2005.

 Subpart B--Fees To Support Costs of Review of Food and Color Additive 
                               Petitions

SEC. 725. SHORT TITLE.

    This subpart may be cited as the ``Food and Color Additive Petition 
Fee Act of 1999''.

SEC. 726. FEES TO SUPPORT COSTS OF FOOD AND COLOR ADDITIVE PETITIONS.

    Chapter VII (21 U.S.C. 371 et seq.) is further amended by adding at 
the end of subchapter C the following new part:

      ``PART 4--FEES RELATING TO FOOD AND COLOR ADDITIVE PETITIONS

``SEC. 750. AUTHORITY TO ASSESS AND USE FEES.

    ``(a) Definitions.--For purposes of this part, the terms listed in 
this subsection have the following meanings:
            ``(1) Food additive petition.--The term `food additive 
        petition' means a petition submitted pursuant to section 
        409(b).
            ``(2) Color additive petition.--The term `color additive 
        petition' means a petition submitted pursuant to section 
        721(d).
            ``(3) Petition review activities.--The term `petition 
        review activities' means the following activities of the 
        Secretary with respect to the review of food additive and color 
        additive petitions:
                    ``(A) The activities necessary for the review of 
                food additive and color additive petitions and related 
                activities.
                    ``(B) The issuance of regulations which allow 
                marketing of an additive or written correspondence or 
                other documentation which sets forth the deficiencies 
                in such an additive petition and, where appropriate, 
                the actions necessary to resolve such deficiencies.
                    ``(C) The evaluation of the regulatory status and 
                issuance of correspondence or other written 
                documentation concerning the substances described in 
                paragraphs (1) through (4) of section 908(a).
                    ``(D) The inspection of testing facilities 
                undertaken as part of the Secretary's review of a 
                pending additive petition.
                    ``(E) The development of guidance and policy 
                documents regarding the review of additive petitions.
                    ``(F) The development of test methods and standards 
                in connection with the review of additive petitions and 
                related activities.
                    ``(G) The provision of technical assistance to 
                prospective petitioners in connection with the 
                submission of an additive petition.
                    ``(H) Monitoring of studies and data pertaining to 
                the safety of substances described in paragraphs (1) 
                through (4) of section 908(a).
                    ``(I) The activities necessary for registration 
                under section 908.
            ``(4) Costs of resources allocated for petition review 
        activities.--The term `costs of resources allocated for 
        petition review activities' means the expenses incurred in 
        connection with the process for the review of food and color 
        additive petitions and related activities for--
                    ``(A) officers and employees of the Food and Drug 
                Administration, employees under contract with the Food 
                and Drug Administration, advisory committees, and costs 
                related to such officers, employees, and committees;
                    ``(B) management of information, and the 
                acquisition, maintenance, and repair of computer 
                resources;
                    ``(C) leasing, maintenance, renovation, and repair 
                of facilities and acquisition, maintenance, and repair 
                of fixtures, furniture, scientific equipment, and other 
                necessary materials, services, and supplies; and
                    ``(D) collecting fees under this section and 
                accounting for resources allocated for petition review 
                activities, including activities related to the review 
                of applications for fee exceptions, waivers, and 
                reductions.
            ``(5) Tier i, tier ii, tier iii petitions; regulatory 
        modification.--
                    ``(A) The term `tier I petition' means a petition 
                for approval of an additional use or uses of an 
                additive for which a use is already approved, except as 
                otherwise provided in subparagraph (B).
                    ``(B) The term `tier II petition' means--
                            ``(i) a petition for first-time approval of 
                        any use of an additive (other than a petition 
                        described in subparagraph (C)); or
                            ``(ii) a petition for approval of an 
                        additional use or uses of an already approved 
                        additive, where the proposed additional use 
                        would--
                                    ``(I) result in a significant 
                                increase in dietary exposure to such 
                                substance; or
                                    ``(II) raise novel safety issues.
                    ``(C) The term `tier III petition' means a petition 
                for first-time approval of any use of an additive that 
                would--
                            ``(i) result in a significant dietary 
                        exposure to such substance; or
                            ``(ii) raise novel safety issues.
                    ``(D) Regulatory modification.--The Secretary may 
                by regulation revise the definitions in subparagraphs 
                (A) through (C).
            ``(6) Adjustment factor.--The term `adjustment factor' has 
        the meaning given that term in section 735(8), except that 
        references therein--
                    ``(A) to `1997' shall be read to mean `1999'; and
                    ``(B) to `the 105th Congress' shall be read to mean 
                `the 106th Congress'.
    ``(b) Assessment of Fees.--Subject to the remaining provisions of 
this section, except to the extent otherwise provided in subsection 
(d), each person that, on or after October 1, 1999--
            ``(1) submits a food or color additive petition; or
            ``(2) is required to register under section 908 (other than 
        a person that manufactures, processes, or packages a substance 
        that is subject to certification under section 721(c)(1)), 
        shall be subject to fees under this part.
    ``(c) Fee Amounts.--
            ``(1) For initial fiscal years.--
                    ``(A) For food or color additive petition.--The fee 
                under this part for a food or color additive petition 
                shall be--
                            ``(i) For fiscal year 2000.--
                                    ``(I) $15,000 for a tier I 
                                petition;
                                    ``(II) $60,000 for a tier II 
                                petition; and
                                    ``(III) $260,000 for a tier III 
                                petition.
                            ``(ii) For fiscal year 2001.--
                                    ``(I) $20,000 for a tier I 
                                petition;
                                    ``(II) $88,500 for a tier II 
                                petition; and
                                    ``(III) $275,000 for a tier III 
                                petition.
                            ``(iii) For fiscal year 2002.--
                                    ``(I) $27,000 for a tier I 
                                petition;
                                    ``(II) $120,000 for a tier II 
                                petition; and
                                    ``(III) $290,000 for a tier III 
                                petition.
                            ``(iv) For fiscal year 2003.--
                                    ``(I) $37,000 for a tier I 
                                petition;
                                    ``(II) $155,000 for a tier II 
                                petition; and
                                    ``(III) $345,000 for a tier III 
                                petition.
                            ``(v) For fiscal year 2004.--
                                    ``(I) $43,000 for a tier I 
                                petition;
                                    ``(II) $175,000 for a tier II 
                                petition; and
                                    ``(III) $400,000 for a tier III 
                                petition.
                    ``(B) For registration of food additive and color 
                additive producers.--The fee under this part for 
                registration under section 908 shall be--
                            ``(i) $4,500 for fiscal year 2000;
                            ``(ii) $7,380 for fiscal year 2001;
                            ``(iii) $9,927 for fiscal year 2002;
                            ``(iv) $12,390 for fiscal year 2003; and
                            ``(v) $14,853 for fiscal year 2004,
                for each place of business listed in the registration 
                of such person under section 908.
            ``(2) Inflation adjustment.--The fees established in 
        paragraph (1) shall be adjusted by the Secretary by notice, 
        published in the Federal Register, for fiscal year 2001 and 
        each succeeding fiscal year to reflect an inflation adjustment 
        determined as described in section 736(c)(1), except that the 
        reference therein to `fiscal year 1997' shall be considered to 
        mean `fiscal year 2000'.
    ``(d) Waivers and Exceptions for Petition Fees: Extraordinary 
Circumstances; Small Business.--
            ``(1) Extraordinary circumstances.--The Secretary may waive 
        or reduce food or color additive petition fees based on 
        extraordinary circumstances as determined by the Secretary, 
        including the circumstance of a food additive petition for a 
        proposed use of a substance that is intended to reduce 
        significantly human pathogens or their toxins in or on food, 
        where the petitioner demonstrates that assessment of a fee 
        would present a significant barrier to innovation because the 
        petitioner has limited resources available.
            ``(2) Small businesses.--
                    ``(A) In general.--Any business that--
                            ``(i) has fewer that 20 employees, 
                        including employees of affiliates; and
                            ``(ii) has not previously submitted a 
                        petition under section 409 or under section 
                        721,
                        shall pay \1/2\ the amount of the petition fee 
                        under this part for the first submission under 
                        such section 409 or section 721.
                    ``(B) Affiliate.--For purposes of this paragraph, 
                the term `affiliate' has the meaning given that term in 
                section 735(9).
    ``(e) Payment Deadline; Effect of Failure To Pay Fees.--
            ``(1) Food and color additive petition fees.--Fees assessed 
        under this section with respect to a petition shall be due and 
        payable at the time the petition is submitted to the Secretary. 
        A food or color additive petition submitted by a person subject 
        to a fee under this section shall be considered incomplete and 
        shall not be accepted by the Secretary until all fees owed by 
        such person have been paid.
            ``(2) Food ingredient and color additive producer 
        registration fees.--Fees assessed under this section for a 
        fiscal year with respect to a person required to register under 
        section 908 shall be due and payable not later than the 
        registration deadline specified in such section for such fiscal 
        year. A person that has not paid a fee due under this section 
        by such date shall not be considered registered for purposes of 
        section 908.
    ``(f) Refund of Additive Petition Fees.--
            ``(1) If petition refused.--The Secretary shall refund 75 
        percent of the fee paid under subsection (e)(1) for any food or 
        color additive petition which the Secretary declines to file.
            ``(2) If petition withdrawn.--If a food or color additive 
        petition is withdrawn after the Secretary has filed it, the 
        Secretary may refund a portion of the fee up to 75 percent if 
        no substantial work was performed on the petition after filing. 
        The determination whether to refund any portion of the fee 
        shall be in the Secretary's sole discretion, and shall not be 
        reviewable.
    ``(g) General Conditions Applicable to Fee Assessment Authority.--
            ``(1) Limitation.--Fees may not be assessed under this 
        section for a fiscal year beginning after fiscal year 2000 
        unless appropriations for such fiscal year for salaries and 
        expenses of the Food and Drug Administration (excluding amounts 
        appropriated for fees under this subchapter), and for that 
        portion of such appropriation designated for the Center for 
        Food Safety and Applied Nutrition, equal or exceed such 
        appropriations for fiscal year 1999 multiplied by the 
        adjustment factor.
            ``(2) Delayed assessment.--If the Secretary does not assess 
        fees under this part during any portion of a fiscal year due to 
        paragraph (1) and if at a later date in such fiscal year the 
        Secretary may assess such fees, the Secretary may assess and 
        collect such fees, without modification in the rate, any time 
        in such fiscal year notwithstanding the provisions of 
        subsection (e) relating to the date fees are to be paid.
    ``(h) Crediting and Availability of Fees.--
            ``(1) In general.--Fees authorized under this section shall 
        be available for obligation only to the extent and in the 
        amounts provided in advance in appropriations Acts. Such fees 
        are authorized to be appropriated to remain available until 
        expended solely for the petition review activities set forth in 
        subsection (a)(4). Such fees shall be credited to the 
        appropriation account for salaries and expenses of the Food and 
        Drug Administration. Any amount of fees collected for a fiscal 
        year under this subsection that exceeds the amount of fees made 
        available in appropriations Acts for such fiscal year may be 
        credited to the appropriation account for salaries and expenses 
        of the Food and Drug Administration. Excess fees may be 
        retained but are not available for obligation until 
        appropriated. Such sums as may be necessary may be transferred 
        from the Food and Drug Administration salaries and expenses 
        appropriation account without fiscal year limitation to such 
        appropriation account for salaries and expenses with such 
        fiscal year limitation.
            ``(2) Limitation.--The fees authorized by this section 
        shall only be available to defray increases in the costs of the 
        resources allocated for petition review activities (including 
        increases in such costs for an additional number of full-time 
        equivalent employees in the Department of Health and Human 
        Services to be engaged in such process) over such costs for 
        fiscal year 1999, multiplied by the adjustment factor.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated for fees under this section--
            ``(1) for food and color additive petitions--
                    ``(A) $1,300,000 for fiscal year 2000;
                    ``(B) $1,675,000 for fiscal year 2001;
                    ``(C) $2,250,000 for fiscal year 2002;
                    ``(D) $2,875,000 for fiscal year 2003; and
                    ``(E) $3,500,000 for fiscal year 2004 and each 
                succeeding fiscal year; and
            ``(2) for food ingredient and color additive producers--
                    ``(A) $2,700,000 for fiscal year 2000;
                    ``(B) $4,428,000 for fiscal year 2001;
                    ``(C) $5,956,000 for fiscal year 2002;
                    ``(D) $7,434,000 for fiscal year 2003; and
                    ``(E) $8,912,000 for fiscal year 2004 and each 
                succeeding fiscal year,
adjusted to reflect the percentage adjustment of fees authorized under 
subsection (c).
    ``(j) Collection of Unpaid Fees.--In any case where the Secretary 
does not receive payment of a fee assessed under this section within 30 
days after it is due, such fee shall be treated as a claim of the 
United States Government subject to subchapter II of chapter 37 of 
title 31, United States Code.
    ``(k) Performance Goals.--Upon enactment of this section, the 
Secretary shall send to the Congress a letter which shall declare goals 
and timetables for review by the Food and Drug Administration of food 
additive and color additive petitions.
    ``(l) Annual Report.--Beginning with fiscal year 2000, not later 
than 120 days after the end of each fiscal year during which fees are 
collected under this part, the Secretary shall submit to the Committee 
on Commerce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report 
concerning--
            ``(1) the progress of the Food and Drug Administration in 
        achieving the goals declared pursuant to subsection (k);
            ``(2) the implementation of the authority for such fees 
        during such fiscal year; and
            ``(3) the use by the Food and Drug Administration of the 
        fees collected during such fiscal year.''.

SEC. 727. REGISTRATION OF FOOD INGREDIENT AND COLOR ADDITIVE PRODUCERS.

    (a) Registration Requirement for Producers.--Chapter IX (21 U.S.C. 
391 et seq.) is amended by adding at the end the following new section:

``SEC. 907. REGISTRATION OF FOOD INGREDIENT AND COLOR ADDITIVE 
              PRODUCERS.

    ``(a) Registration Requirement.--On or before October 1, 1999 (or, 
if later, the date 3 months after the date of enactment of this 
section), and on or before October 1 of each succeeding year, a person 
in any State engaged in the manufacture, processing, or packaging of 
any of the following substances shall register with the Secretary the 
person's name and all places of business of such person engaged in such 
manufacture, processing, or packaging:
            ``(1) A substance that is subject to regulation under 
        section 409 of this Act except a substance that is distributed 
        in interstate commerce on the basis of section 409(a)(3)(B).
            ``(2) A substance that is distributed in interstate 
        commerce on the basis that it is generally recognized as safe 
        within the meaning of section 201(s) of this Act, including any 
        substance listed as generally recognized as safe in the Code of 
        Federal Regulations, and any substance asserted to be generally 
        recognized as safe where the Food and Drug Administration has 
        been notified of such assertion as part of a notification 
        program of the Food and Drug Administration.
            ``(3) A substance that is distributed in interstate 
        commerce on the basis of section 201(s)(4).
            ``(4) A substance that is subject to regulation under 
        section 721.
    ``(b) Delineation of Single Place of Business.--For purposes of 
this section and part 4 of subchapter C of chapter VII, a place of 
business that is owned or operated by a single person, and which is at 
1 general physical location consisting of 1 or more buildings all of 
which are within 5 miles of each other, shall be considered a single 
place of business.''.
    (b) Articles Produced by an Unregistered Person.--Section 403 (21 
U.S.C. 343) is amended by adding at the end the following new 
subsection:
    ``(t) If it was manufactured, processed, or packaged in any State 
by a person not duly registered under section 908.''.

SEC. 728. AMENDMENTS RELATING TO FOOD ADDITIVE PETITION REVIEW PROCESS.

    (a) Action on Petition.--Section 409(c) (21 U.S.C. 348(c)) is 
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``(A) by order establish'' and 
                inserting ``(A) establish''; and
                    (B) by striking ``petitioner of such order'' and 
                inserting ``petitioner of such regulation'';
            (2) in paragraph (1)(B)--
                    (A) by striking ``(B) by order deny'' and inserting 
                ``(B) deny''; and
                    (B) by striking ``such order'' and inserting ``such 
                denial'';
            (3) in paragraph (2)--
                    (A) by striking ``The order required'' and 
                inserting ``The Secretary shall take the action 
                required''; and
                    (B) by striking ``shall be issued''; and
            (4) in paragraph (3) by striking ``No such regulation shall 
        issue if'' and inserting ``No regulation shall issue under 
        paragraph (1) if''.
    (b) Regulation Issued on Secretary's Initiative.--Section 409(d) 
(21 U.S.C. 348(d)) is amended in the second sentence by striking ``by 
order''.
    (c) Publication and Effective Date of Orders.--Section 409 (21 
U.S.C. 348) is amended in subsection (e) to read as follows:
    ``(e) Any regulation issued under subsection (c) or (d) shall be 
published and shall be effective upon publication.''.
    (d) Judicial Review.--Section 409(f) (21 U.S.C. 348(f)) is amended 
read as follows:
    ``(f)(1) Any person adversely affected by an action by the 
Secretary under subsection (c) or (d), including any amendment or 
repeal of a regulation issued under this section, may obtain judicial 
review of such action by filing in the United States Court of Appeals 
for the circuit in which such person resides or has his principal place 
of business, or in the United States Court of Appeals for the District 
of Columbia, within 60 days of such action, a petition requesting that 
the regulation be set aside in whole or in part.
    ``(2) The court, on such judicial review, shall not sustain the 
Secretary's action if such action was not based upon a fair evaluation 
of the entire record before the Secretary.''.
    (e) Finality of Court Order.--Section 409(g) (21 U.S.C. 348(g)) is 
amended by striking paragraphs (1) through (4) and by striking the 
paragraph designation ``(5)''.
    (f) Access to Outside Experts During Review Process.--Section 409 
(21 U.S.C. 348) is amended by adding at the end the following new 
subsection:
    ``(k) Access to Outside Experts During Review Process.--
Notwithstanding the Federal Advisory Committee Act (5 U.S.C. App.), the 
Secretary may consult with, or seek advice from, a person who is not a 
full-time officer or employee of the Federal Government, either as an 
individual or as part of a group of such individuals, for the purpose 
of obtaining expert scientific review of data or other information 
submitted to the Secretary under this section, if the Secretary 
determines that the expertise provided by such individual or group of 
individuals would contribute to the quality of the scientific review of 
such submission or to the timeliness of such review and such expertise 
is not otherwise available within the Food and Drug Administration. The 
reviews, opinions, and conclusions of individuals obtained under the 
authority of this subsection shall be reduced to written form and place 
in the relevant administrative file.''.

SEC. 728A. AMENDMENTS RELATING TO COLOR ADDITIVE PETITION REVIEW 
              PROCESS.

    (a) Determination of Safety of Color Additives.--Section 721(b)(5) 
(21 U.S.C. 379e(b)(5)) is amended by striking subparagraphs (C) and 
(D).
    (b) Procedure for Issuance, Amendment, or Repeal of Regulations.--
Subsection (d) of section 721 (21 U.S.C. 379e(d)) is amended to read as 
follows:

     ``Procedure for Issuance, Amendment, or Repeal of Regulations

    ``(d)(1) The issuance, amendment, or repeal of regulations under 
subsection (b) may be commenced by a proposal made (A) by the Secretary 
on the Secretary's own initiative, or (B) by petition of any interested 
person, showing reasonable grounds therefor, submitted to the 
Secretary. Where an action is commenced by the submission of a 
petition, the Secretary shall, within 30 days of its filing by the 
Secretary, publish notice of such petition, describing in general terms 
the action proposed by the petition. The Secretary shall act upon such 
petition within the time period set out in section 409(c)(2) by 
establishing a regulation under subsection (b) or by denying such 
petition. The Secretary shall notify the petitioner of the action taken 
on the petition and the reasons for such action.
    ``(2) Any regulation issued under this subsection shall be 
published and shall be effective upon publication.
    ``(3)(A) Any person adversely affected by an action by the 
Secretary under this subsection, including any amendment or repeal of a 
regulation issued under this section, may obtain judicial review of 
such action by filing in the United States Court of Appeals for the 
circuit in which such person resides or has his or her principal place 
of business, or in the United States Court of Appeals for the District 
of Columbia, within 60 days of such action, a petition requesting that 
the regulation be set aside in whole or in part.
    ``(B) The court, on such judicial review, shall not sustain the 
Secretary's action if such action was not based upon a fair evaluation 
of the entire record before the Secretary.
    ``(4) The judgment of the court affirming or setting aside, in 
whole or in part, any order under paragraph (3) shall be final, subject 
to review by the Supreme Court of the United States upon certiorari or 
certification as provided in section 1254 of title 28 of the United 
States Code. The commencement of proceedings under this section shall 
not, unless specifically ordered by the court to the contrary, operate 
as a stay of an order.''.
    (c) Fees.--Section 721(e) (21 U.S.C. 379e(e)) is amended by 
striking ``admitting to listing and''.
    (d) Access to Outside Experts During Review Process.--Section 721 
(21 U.S.C. 379e) is amended by adding at the end the following new 
subsection:

           ``Access to Outside Experts During Review Process

    ``(g) Notwithstanding the Federal Advisory Committee Act (5 U.S.C. 
App.), the Secretary may consult with, or seek advice from, a person 
who is not a full-time officer or employee of the Federal Government, 
either as an individual or as part of a group of such individuals, for 
the purpose of obtaining expert scientific review of data or other 
information submitted to the Secretary under this section, if the 
Secretary determines that the expertise provided by such individual or 
group of individuals would contribute to the quality of the scientific 
review of such submission or to the timeliness of such review and such 
expertise is not otherwise available within the Food and Drug 
Administration. The reviews, opinions, and conclusions of individuals 
obtained under the authority of this subsection shall be reduced to 
written form and placed in the relevant administrative file.''.

          Subpart C--Food Contact Substance Notification Fees

SEC. 729. SHORT TITLE.

    This subpart may be cited as the ``Food Contact Substance 
Notification Fee Act of 1999''.

SEC. 729A. FEES RELATING TO FOOD CONTACT SUBSTANCE NOTIFICATIONS.

    Chapter VII (21 U.S.C. 371 et seq.) is further amended by adding at 
the end of subchapter C the following new part:

  ``PART 5--FEES RELATING TO NOTIFICATIONS FOR FOOD CONTACT SUBSTANCES

``SEC. 754. AUTHORITY TO ASSESS AND USE FEES.

    ``(a) Definitions.--For purposes of this part, the terms used in 
this subsection have the following meanings:
            ``(1) Food contact substance.--The term `food contact 
        substance' has the meaning given that term in section 
        409(h)(6).
            ``(2) Notification.--The term `notification' means a 
        notification submitted pursuant to section 409(h).
            ``(3) Notification review activities.--The term 
        `notification review activities' means the following activities 
        of the Secretary with respect to the review of notifications:
                    ``(A) The activities necessary for the review of 
                notifications and related activities.
                    ``(B) The issuance of written correspondence or 
                other documents which set forth the deficiencies in 
                such notifications and, where appropriate, the actions 
                necessary to resolve such deficiencies.
                    ``(C) The development of guidance and policy 
                documents regarding the process for the review of 
                notifications.
                    ``(D) The development of test methods and standards 
                in connection with the review of notifications and 
                related activities.
                    ``(E) The provision of technical assistance to 
                prospective notifiers in connection with the submission 
                of a food contact substance notification.
                    ``(F) Monitoring of studies and data pertaining 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 contract with the Food 
                and Drug Administration, advisory committees, and costs 
                related to such officers, employees, and committees;
                    ``(B) management of information, and the 
                acquisition, maintenance, and repair of computer 
                resources;
                    ``(C) leasing, maintenance, renovation, and repair 
                of facilities and acquisition, maintenance, and repair 
                of fixtures, furniture, scientific equipment, and other 
                necessary materials, services, and supplies; and
                    ``(D) collecting fees under this section and 
                accounting for resources allocated for the review 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 incremental 
                        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.
                    ``(B) Tier ii notification.--The term `tier II 
                notification' means a notification for a use or uses--
                            ``(i) that results in an incremental 
                        increase in estimated dietary exposure to the 
                        food contact substances of less than or equal 
                        to 50 parts per billion, but greater than 0.5 
                        parts per billion in the diet; or
                            ``(ii) that does not require review of more 
                        than 1 animal toxicity study with a duration of 
                        90 days or more.
                    ``(C) Tier iii notification.--The term `tier III 
                notification' means a notification--
                            ``(i) not described in subparagraph (A) or 
                        (B); or
                            ``(ii) for a food contact substance that is 
                        a new food contact material.
                    ``(D) Regulatory modification.--The Secretary may 
                by regulation revise the definitions in subparagraphs 
                (A) through (C).
            ``(6) Adjustment factor.--The term `adjustment factor' has 
        the meaning given that term in section 735(8), except that 
        references therein--
                    ``(A) to `1997' shall be read to mean `1999'; and
                    ``(B) to `the 105th Congress' shall be read to mean 
                `the 106th Congress'.
    ``(b) Assessment of Fees.--Subject to the remaining provisions of 
this section, each person that submits a notification under section 
409(h) on or after October 1, 1999, shall be subject to fees 
established in accordance with this part.
    ``(c) Fee Amounts.--
            ``(1) For fiscal year 2000.--The fee under this part for a 
        notification submitted in fiscal year 2000 shall be--
                    ``(A) $5,000 for each tier I notification;
                    ``(B) $20,000 for each tier II notification; and
                    ``(C) $40,000 for each tier III notification.
            ``(2) Inflation adjustment for subsequent years.--The fees 
        established in paragraph (1) shall be adjusted by the Secretary 
        by notice, published in the Federal Register, for fiscal year 
        2001 and each succeeding fiscal year to reflect an inflation 
        adjustment determined as described in section 736(c)(1), except 
        that the reference therein to `fiscal year 1997' shall be 
        considered to mean `fiscal year 2000'.
    ``(d) Payment Deadline; Effect of Failure To Pay Fees.--Fees 
assessed under this section shall be due and payable at the time the 
notification is submitted to the Secretary. A notification submitted by 
a person subject to fees assessed under this section shall be 
considered incomplete, shall not be accepted by the Secretary, and 
shall not be considered effective under section 409(a)(3)(B) until 120 
days after all fees owed by such persons have been paid.
    ``(e) General Conditions Applicable to Fee Assessment Authority.--
            ``(1) Limitation.--Fees may not be assessed under this 
        section for a fiscal year beginning after fiscal year 2000 
        unless appropriations for such fiscal year for salaries and 
        expenses of the Food and Drug Administration (excluding amounts 
        appropriated for fees under this subchapter), and for that 
        portion of such appropriation designated for the Center for 
        Food Safety and Applied Nutrition, equal or exceed such 
        appropriations for fiscal year 1999 multiplied by the 
        adjustment factor.
            ``(2) Delayed assessment.--If the Secretary does not assess 
        fees under this part during any portion of a fiscal year 
        because of paragraph (1) and if at a later date in such fiscal 
        year the Secretary may assess such fees, the Secretary may 
        assess and collect such fees, without modification in the rate, 
        for activities related to the regulatory purpose for which they 
        were collected any time in such fiscal year notwithstanding the 
        provisions of subsection (d) relating to the date fees are to 
        be paid.
    ``(f) Crediting and Availability of Fees.--Fees authorized under 
this section shall be available for obligation only to the extent and 
in the amounts provided in advance in appropriations Acts. Such fees 
are authorized to be appropriated to remain available until expended 
solely to support the notification review activities set forth in 
subsection (a)(3). Such fees shall be credited to the appropriation 
account for salaries and expenses of the Food and Drug Administration. 
Any amount of fees collected for a fiscal year under this subsection 
that exceeds the amount of fees made available in appropriations Acts 
for such fiscal year may be credited to the appropriation account for 
salaries and expenses of the Food and Drug Administration. Excess fees 
may be retained but are not available for obligation until 
appropriated. Such sums as may be necessary may be transferred from the 
Food and Drug Administration salaries and expenses appropriation 
account without fiscal year limitation to such appropriation account 
for salaries and expenses with such fiscal year limitation.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated for fees under this section $6,000,000 for fiscal year 
2000 and each succeeding fiscal year, as adjusted to reflect the 
percentage adjustment of fees authorized under subsection (b).
    ``(h) Collection of Unpaid Fees.--In any case where the Secretary 
does not receive payment of a fee assessed under this section within 30 
days after it is due, such fee shall be treated as a claim of the 
United States Government subject to subchapter II of chapter 37 of 
title 31, United States Code.''.

SEC. 729B. AMENDMENT RELATING TO FOOD CONTACT SUBSTANCE NOTIFICATION 
              PROCESS.

    Section 409(h)(5)(A)(iv) (21 U.S.C. 348(h)(5)(A)(iv)) is amended to 
read as follows:
                            ``(iv) For fiscal year 2000 and subsequent 
                        fiscal years, the applicable amount under this 
                        clause is the amount specified in section 
                        754(g).''.

        PART III--HEALTH CARE FINANCING ADMINISTRATION USER FEES

 SEC. 731. REFERENCES IN PART.

    Except as otherwise provided in this part, references to a section 
or other provision of law are references to the Social Security Act, 
and amendments made by this part to a section or other provision of law 
are amendments to such section or other provision of that Act.

 SEC. 732. INCREASE IN MEDICARE+CHOICE FEE FOR ENROLLMENT-RELATED 
              COSTS.

    Section 1857(e)(2)(D)(ii) (42 U.S.C. 1395w-27(e)(2)(D)(ii)) is 
amended--
            (1) by adding ``and'' at the end of subclause (I);
            (2) in subclause (II)--
                    (A) by inserting ``and each subsequent fiscal 
                year'' after ``in fiscal year 1999''; and
                    (B) by striking ``; and'' and inserting a period; 
                and
            (3) by striking subclause (III).

SEC. 733. COLLECTION OF FEES FROM MEDICARE+CHOICE ORGANIZATIONS FOR 
              CONTRACT INITIATION AND RENEWAL.

    Section 1857 (42 U.S.C. 1395w-27) is amended by adding at the end 
the following new subsection:
    ``(i) Fees for Contract Issuance and Renewal and Ongoing 
Monitoring.--
            ``(1) Authority to impose fees.--The Secretary shall 
        impose--
                    ``(A) fees for initial Medicare+Choice contracts 
                under this part; and
                    ``(B) annual fees for renewal of such contracts and 
                monitoring of the ongoing operations of Medicare+Choice 
                organizations.
            ``(2) Assessment of fees.--
                    ``(A) Types of fees.--
                            ``(i) Initiation fees.--Fee amounts 
                        assessed against a member of a class of 
                        organizations pursuant to paragraph (1)(A) 
                        shall not exceed the Secretary's reasonable 
                        estimate of the average cost of initiating a 
                        Medicare+Choice contract for an organization in 
                        such class.
                            ``(ii) Renewal and monitoring fees.--Fee 
                        amounts assessed pursuant to paragraph (1)(B) 
                        against members of a class of organizations 
                        shall not exceed the amount which the Secretary 
                        reasonably estimates will generate total 
                        revenues sufficient to cover total annual costs 
                        for renewing contracts and performing ongoing 
                        monitoring with respect to such class.
                    ``(B) Reduction or waiver of fees.--The Secretary 
                may reduce or waive the fees under this subsection in 
                exceptional circumstances which the Secretary 
                determines to be in the public interest.
            ``(3) Collection and crediting of fees.--
                    ``(A) Initial fees.--Fees assessed against an 
                organization pursuant to paragraph (1)(A) shall be 
                payable upon submission of the application to 
                participate in the program under this title as a 
                Medicare+Choice organization (and shall apply whether 
                or not the Secretary approves such application) and 
                shall be credited to the Health Care Financing 
                Administration Program Management Account.
                    ``(B) Renewal and monitoring fees.--Fees assessed 
                against an organization pursuant to paragraph (1)(B) 
                shall be payable annually and may be deducted from 
                amounts otherwise payable from a Trust Fund under this 
                title to such organization. Such fees shall be credited 
                to the Health Care Financing Administration Program 
                Management Account.
                    ``(C) Offset.--Any amount of fees collected in a 
                fiscal year under this subsection that exceeds the 
                amount of such fees available for expenditure in such 
                fiscal year, as specified in appropriation Acts, shall 
                be credited to the Health Care Financing Administration 
                Program Management Account, and shall be available for 
                obligation in subsequent fiscal years to the extent 
                provided in subsequent appropriation Acts.
            ``(4) Availability of fees.--Fees authorized under this 
        subsection shall be available for obligation only to the extent 
        and in the amount provided in advance in appropriation Acts. 
        Such fees are authorized to be appropriated to remain available 
        until expended for the costs of the activities for which they 
        were assessed.''.

 SEC. 734. FEES FOR SURVEY AND CERTIFICATION.

    (a) In General.--Section 1864(e) (42 U.S.C. 1395aa(e)) is amended 
to read as follows:
    ``(e) Fees for Conducting Certification Surveys.--
            ``(1) Authority to impose fees.--Except as provided in 
        paragraph (6), the Secretary shall impose, or require States as 
        a condition of agreements under this section to impose--
                    ``(A) fees for surveys for the purpose of making 
                initial determinations as to whether entities meet 
                requirements under this title; and
                    ``(B) annual fees to cover the costs of periodic 
                surveys to determine whether entities participating in 
                the program under this title continue to meet such 
                requirements.
            ``(2) Assessment of fees.--
                    ``(A) Types of fees.--
                            ``(i) Fees for initial surveys.--Fee 
                        amounts assessed pursuant to paragraph (1)(A) 
                        against an entity in a class in a State shall 
                        not exceed the estimated average cost of an 
                        initial survey and determination for an entity 
                        in such class and State.
                            ``(ii) Fees for recertification surveys.--
                                    ``(I) In general.--Fee amounts 
                                assessed pursuant to paragraph (1)(B) 
                                against entities in a class in a State 
                                shall not exceed the amount which the 
                                Secretary reasonably estimates will 
                                generate total revenues sufficient to 
                                cover the applicable percentage 
                                specified in subclause (II) of total 
                                annual costs for such surveys and 
                                determinations with respect to such 
                                class and State.
                                    ``(II) Applicable percentages.--For 
                                purposes of subclause (I), the 
                                applicable percentage is--
                                            ``(aa) 33 percent for 
                                        fiscal year 2000;
                                            ``(bb) 66 percent for 
                                        fiscal year 2001; and
                                            ``(cc) 100 percent for 
                                        fiscal year 2002 and each 
                                        succeeding fiscal year.
                    ``(B) Reduction or waiver of fees.--The Secretary 
                may reduce or waive the fees under this subsection in 
                exceptional circumstances which the Secretary 
                determines to be in the public interest.
            ``(3) Collection and crediting of fees.--
                    ``(A) Fees for initial surveys.--
                            ``(i) Collection of fees.--Fees assessed 
                        against an entity in a State pursuant to 
                        paragraph (1)(A) shall be payable at the time 
                        of the initial survey to the Secretary (or, in 
                        the case of surveys performed by a State 
                        agency, to such agency).
                            ``(ii) Remittance of fee amount to 
                        secretary where state collects fees.--In the 
                        event a State agency collects a fee pursuant to 
                        clause (i), such agency shall remit to the 
                        Secretary an amount equal to the Secretary's 
                        share of the cost of the activities described 
                        in paragraph (1)(A).
                            ``(iii) Crediting of fees.--Fees paid to 
                        the Secretary pursuant to clause (i) or 
                        remitted to the Secretary pursuant to clause 
                        (ii) shall be credited to the Health Care 
                        Financing Administration Program Management 
                        Account.
                    ``(B) Fees for recertification surveys.--
                            ``(i) Collection of fees.--Fees assessed 
                        against an entity pursuant to paragraph (1)(B) 
                        shall be payable annually and may be deducted 
                        from amounts otherwise payable from a Trust 
                        Fund under this title to such entity.
                            ``(ii) Reimbursement of state agency 
                        costs.--Of amounts collected pursuant to clause 
                        (i), an amount equal to the State's share of 
                        the cost of activities described in paragraph 
                        (1)(B) shall be transferred to the appropriate 
                        State agency.
                            ``(iii) Reimbursement of secretary's 
                        costs.--The balance of the amount collected 
                        pursuant to clause (i) that is not paid to a 
                        State agency pursuant to clause (ii) shall be 
                        credited to the Health Care Financing 
                        Administration Program Management Account.
                    ``(C) Offset.--Any amount of fees collected in a 
                fiscal year under this subsection that exceeds the 
                amount of such fees available for expenditure in such 
                fiscal year, as specified in appropriation Acts, shall 
                be credited to the Health Care Financing Administration 
                Program Management Account, and shall be available for 
                obligation in subsequent fiscal years to the extent 
                provided in subsequent appropriation Acts.
            ``(4) Availability of fees.--Fees authorized under this 
        subsection shall be available for obligation only to the extent 
        and in the amount provided in advance in appropriation Acts. 
        Such fees are authorized to be appropriated to remain available 
        until expended for the costs of the activities for which they 
        were assessed.
            ``(5) Treatment of fees for purposes of cost reports.--An 
        entity may not include a fee assessed pursuant to this 
        subsection as an allowable item on a cost report under this 
        title or title XIX.
            ``(6) Certain entities not subject to fee.--The Secretary 
        shall not impose fees under this subsection against entities 
        subject to the requirements of the Clinical Laboratory 
        Improvement Amendments of 1988 (Public Law 100-578, 42 U.S.C. 
        263a).''.
    (b) Simpler and More Flexible Legislative Authority.--
            (1) In general.--The first two sentences of section 1864(a) 
        (42 U.S.C. 1395aa(a)) are amended to read as follows: ``The 
        Secretary may make an agreement with a State under which the 
        services of a State agency (or local agencies) will be utilized 
        by the Secretary in determining whether entities that furnish 
        items or services for which payment may be made under this 
        title meet requirements under this title. To the extent that 
        the Secretary finds it appropriate, an entity that a State (or 
        local) agency finds to have met requirements under this title 
        may be treated by the Secretary as having met those 
        requirements.''.
            (2) Posting of findings.--The fifth sentence of such 
        section is amended to read as follows: ``Within 90 days after 
        the completion of a survey of an entity under the first 
        sentence of this subsection, the Secretary shall make public in 
        readily available form and place, and require (in the case of 
        skilled nursing facilities) the posting in a place readily 
        accessible to patients (and patients' representatives), the 
        pertinent findings of the survey as to the compliance of the 
        entity with statutory requirements under this title and with 
        the major additional conditions that the Secretary finds 
        necessary in the interest of health and safety of individuals 
        who are furnished items or services by the entity.''.
            (3) Clerical amendment.--The heading of section 1864 (42 
        U.S.C. 1395aa) is amended by striking ``with conditions of 
        participation'' and inserting ``and other entities with 
        requirements under this title''.

 SEC. 735. FEES FOR REGISTRATION OF INDIVIDUALS AND ENTITIES PROVIDING 
              HEALTH CARE ITEMS OR SERVICES UNDER MEDICARE.

    (a) In General.--Section 1866 (42 U.S.C. 1395cc) is amended by 
adding at the end the following new subsection:
    ``(j) Registration Procedures and Fees.--
            ``(1) Registration.--The Secretary shall establish a 
        procedure for initial registration and periodic renewal of 
        registration of individuals and entities that furnish items or 
        services for which payment may be made under this title and 
        that are not otherwise subject to provisions of this title 
        providing for such procedures.
            ``(2) Fees.--
                    ``(A) Authority to impose fees.--The Secretary 
                shall impose--
                            ``(i) fees for initial agreements with 
                        providers of services and initial registrations 
                        of other entities and individuals that furnish 
                        items or services for which payment may be made 
                        under this title, and
                            ``(ii) annual fees to cover the costs of 
                        renewals of agreements and registrations of 
                        such individuals and entities.
                    ``(B) Assessment of fees.--
                            ``(i) Types of fees.--
                                    ``(I) Initial fees.--Fee amounts 
                                assessed pursuant to subparagraph 
                                (A)(i) against a member of a class of 
                                individuals or entities shall not 
                                exceed the Secretary's reasonable 
                                estimate of the average cost of 
                                initiating an agreement or performing 
                                an initial registration for an 
                                individual or entity in such class.
                                    ``(II) Renewal fees.--Fee amounts 
                                assessed pursuant to subparagraph 
                                (A)(ii) against members of a class of 
                                individuals or entities shall not 
                                exceed the amount which the Secretary 
                                reasonably estimates will generate 
                                total revenues sufficient to cover 
                                total annual costs of performing such 
                                renewals with respect to such class.
                            ``(ii) Reduction or waiver of fees.--The 
                        Secretary may reduce or waive the fees under 
                        this paragraph in exceptional circumstances 
                        which the Secretary determines to be in the 
                        public interest.
                    ``(C) Collection and crediting of fees.--
                            ``(i) Initial fees.--Fees assessed pursuant 
                        to subparagraph (A)(i) against an individual or 
                        entity shall be payable upon application for 
                        billing privileges under the program under this 
                        title (and shall apply whether or not the 
                        Secretary approves such application) and shall 
                        be credited to the Health Care Financing 
                        Administration Program Management Account.
                            ``(ii) Renewal fees.--Fees assessed 
                        pursuant to subparagraph (A)(ii) against an 
                        individual or entity shall be payable annually 
                        and may be deducted from amounts otherwise 
                        payable from a Trust Fund under this title to 
                        such individual or entity. Such fees shall be 
                        credited to the Health Care Financing 
                        Administration Program Management Account.
                            ``(iii) Offset.--Any amount of fees 
                        collected in a fiscal year under this paragraph 
                        that exceeds the amount of such fees available 
                        for expenditure in such fiscal year, as 
                        specified in appropriation Acts, shall be 
                        credited to the Health Care Financing 
                        Administration Program Management Account, and 
                        shall be available for obligation in subsequent 
                        fiscal years to the extent provided in 
                        subsequent appropriation Acts.
                    ``(D) Availability of fees.--Fees authorized under 
                this paragraph shall be available for obligation only 
                to the extent and in the amount provided in advance in 
                appropriation Acts. Such fees are authorized to be 
                appropriated to remain available until expended for 
                necessary expenses related to initiating and renewing 
                such agreements and registrations, including costs of 
                establishing and maintaining procedures and records 
                systems; processing applications; background 
                investigations; renewal of billing privileges; and 
                reverification of eligibility.
                    ``(E) Treatment of fees for purposes of cost 
                reports.--An entity may not include a fee assessed 
                pursuant to this paragraph as an allowable item on a 
                cost report under this title or title XIX.''; and
    (b) Clerical Amendment.--The heading of section 1866 (42 U.S.C. 
1395cc) is amended by inserting ``and registration of other persons 
furnishing services'' after ``providers of services''.

 SEC. 736. FEES FOR PROCESSING CLAIMS.

    (a) In General.--Title XVIII (42 U.S.C. 1395 et seq.) is amended by 
adding at the end the following new section:

                      ``fees for processing claims

    ``Sec. 1897. (a) Authority To Impose Fees.--
            ``(1) In general.--Subject to subsection (b), each claim 
        described in paragraph (2) submitted by an individual or entity 
        furnishing items or services for which payment may be made 
        under this title is subject to a processing fee of $1.
            ``(2) Claims subject to fee.--A claim under part A or B of 
        this title is subject to the fee specified in paragraph (1) if 
        it--
                    ``(A) duplicates, in whole or in part, another 
                claim submitted by the same individual or entity;
                    ``(B) is a claim that cannot be processed and must, 
                in accordance with the Secretary's instructions, be 
                returned by the fiscal intermediary or carrier to the 
                individual or entity for completion; or
                    ``(C) is not submitted electronically by an 
                individual or entity or the authorized billing agent of 
                such individual or entity.
    ``(b) Collection, Crediting, and Availability of Fees.--
            ``(1) Deduction from trust fund.--The Secretary shall 
        deduct any fees assessed pursuant to subsection (a) against an 
        individual or entity from amounts otherwise payable from a 
        Trust Fund under this title to such individual or entity, and 
        shall transfer the amount so deducted from such Trust Fund to 
        the Health Care Financing Administration Program Management 
        Account.
            ``(2) Offset.--Any amount of fees collected in a fiscal 
        year under this section that exceeds the amount of such fees 
        available for expenditure in such fiscal year, as specified in 
        appropriation Acts, shall be credited to the Health Care 
        Financing Administration Program Management Account, and shall 
        be available for obligation in subsequent fiscal years to the 
        extent provided in subsequent appropriation Acts.
            ``(3) Availability.--Fees authorized under this subsection 
        shall be available for obligation only to the extent and in the 
        amount provided in advance in appropriation Acts. Such fees are 
        authorized to be appropriated to remain available until 
        expended for the costs of the activities for which they were 
        assessed.
    ``(c) Waiver of Certain Fees.--The Secretary may waive fees for 
claims described in subsection (a)(2)(C) in cases of such compelling 
circumstances as the Secretary may determine.
    ``(d) Treatment of Fees for Purposes of Cost Reports.--An entity 
may not include a fee assessed pursuant to this section as an allowable 
item on a cost report under this title or title XIX.''.
    (b) Conforming Amendment.--Section 1842(c)(4) (42 U.S.C. 
1395u(c)(4)) is amended by striking ``Neither a carrier'' and inserting 
``Except as provided in section 1897, neither a carrier''.
    (c) Effective Date.--The amendments made by this section are 
effective 180 days after the date of enactment of this part.

 SEC. 737. REPEAL OF PROVISION RELATED TO SELECTION OF REGIONAL 
              LABORATORY CARRIERS.

    Section 4554(a) of the Balanced Budget Act of 1997 (42 U.S.C. 1395u 
note) is repealed.

 SEC. 738. AUTHORITY TO ISSUE INTERIM FINAL REGULATIONS.

    The Secretary may issue any regulations needed to implement 
amendments made by this subtitle as interim final regulations.

                       Subtitle H--Transportation

      PART I--FEDERAL AVIATION ADMINISTRATION COST-BASED USER FEES

SEC. 811. FEDERAL AVIATION ADMINISTRATION COST-BASED USER FEES.

    (a) Chapter 453 of title 49, United States Code, is amended by 
adding at the end the following:
``Sec. 45305. Transitional fees for users of air traffic control 
              services
    ``(a) Authority to Establish Fees.--
            ``(1) In general.--The Administrator of the Federal 
        Aviation Administration shall establish a schedule of new fees, 
        and a collection process for such fees, to be paid by operators 
        described in paragraph (4) for air traffic control services 
        provided by the the Administration.
            ``(2) Duration of effect.--Fees established under this 
        section shall be effective until the Administrator adopts a 
        permanent schedule of fees for air traffic control services.
            ``(3) Amount of fees.--Fees authorized under this section 
        shall reflect, based on cost accounting principles, the full 
        cost of providing air traffic control services, including costs 
        associated with research, engineering, development, operation, 
        maintenance, and depreciation of air traffic control facilities 
        and infrastructure.
            ``(4) Persons subject to fees.--The following operators 
        shall be subject to fees established under this section:
            ``(A) Persons holding certificates under part 119 of title 
        14, Code of Federal Regulations.
            ``(B) Persons holding certificates to operate an aircraft 
        for compensation or hire under part 125 of title 14, Code of 
        Federal Regulations.
            ``(C) Foreign air carriers directly providing air 
        transportation.
    ``(b) Issuance of Regulations.--
            ``(1) Interim final rule.--
                    ``(A) Publication.--Not later than September 30, 
                1999, the Administrator shall publish in the Federal 
                Register an interim final rule establishing an initial 
                schedule of fees authorized under this section and 
                describing the collection process for such fees.
                    ``(B) Consultation.--Before publishing a rule under 
                subparagraph (A), the Administrator shall consult with 
                interested operators who may be subject to the rule.
            ``(2) Final rule.--After the Administrator receives public 
        comment on the interim final rule, the Administrator shall 
        issue a final rule as early as is practicable.
    ``(c) Deposit of Fees.--Fees collected under this section shall be 
deposited in the Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).
    ``(d) Reduction of Taxes for Fiscal Year 2000.--If, prior to 
October 1, 1999, the sum of estimated receipts from fees established 
under this section for fiscal year 2000 and estimated receipts from 
excise taxes to be credited to the Airport and Airway Trust Fund for 
fiscal year 2000 is projected to exceed the budgetary requirements for 
the Federal Aviation Administration for fiscal year 2001 as shown in 
the Budget of the United States Government for Fiscal Year 2000, 
aviation excise taxes that would otherwise be applicable shall be 
reduced in the same manner as provided in section 45306.
    ``(e) Availability of Fees.--Fees authorized under this section 
shall be available for obligation only to the extent and in the amount 
provided in advance in appropriations Acts. Such fees are authorized to 
be appropriated to remain available until expended.

``SEC. 45306. ADJUSTMENT OF CERTAIN AVIATION EXCISE TAXES.

    ``(a) In General.--On the date on which the Budget of the United 
States Government is transmitted to Congress in 2000, and on that date 
on each year thereafter, if the sum of revenue from fees projected to 
be collected under section 45305 and subchapter II of this title in the 
upcoming fiscal year and amounts equivalent to excise taxes projected 
to be credited to the Airport and Airway Trust Fund in that fiscal year 
does not equal the budgetary requirements for the Federal Aviation 
Administration for the succeeding year, as shown in the Budget of the 
United States Government for the upcoming fiscal year, aviation excise 
taxes that would otherwise be imposed in the upcoming fiscal year shall 
be adjusted as follows:
            ``(1) Passenger ticket tax.--The rate of tax imposed under 
        section 4261(a) of the Internal Revenue Code of 1986 (26 U.S.C. 
        4261(a)) is adjusted pursuant to the calculation made for each 
        fiscal year under subsection (b) of this section.
            ``(2) International arrivals and departures.--The rate of 
        tax imposed under section 4261(c) of the Internal Revenue Code 
        of 1986 (26 U.S.C. 4261(c)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
            ``(3) Air cargo.--The rate of tax imposed under section 
        4271 of the Internal Revenue Code of 1986 (26 U.S.C. 4271) is 
        adjusted pursuant to the calculation made for each fiscal year 
        under subsection (b) of this section.
            ``(4) Domestic passenger flight segments.--The rate of tax 
        imposed under section 4261(b) of the Internal Revenue Code of 
        1986 (26 U.S.C. 4261(b)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
            ``(5) Passenger ticket tax for rural airports.--The rate of 
        tax imposed under section 4261(e)(1) of the Internal Revenue 
        Code of 1986 (26 U.S.C. 4261(e)(1)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
            ``(6) Frequent flyer tax.--The rate of tax imposed under 
        section 4261(e)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 4261(e)(3)) is adjusted pursuant to the calculation made 
        for each fiscal year under subsection (b) of this section.
            ``(7) Commercial aviation fuel tax.--The rate of tax not 
        exempted under section 4092(b)(2) of the Internal Revenue Code 
        of 1986 (26 U.S.C. 4092(b)(2)) is adjusted pursuant to the 
        calculation made for each fiscal year under subsection (b) of 
        this section.
    ``(b) Adjustments by the Secretary of the Treasury.--On the date on 
which the Budget of the United States Government is transmitted to 
Congress in 2000, and on that date in each year thereafter, the 
Secretary of the Treasury, in consultation with the Secretary of 
Transportation, shall calculate a percent figure for the upcoming 
fiscal year as follows:
            ``(1) Estimate of budgetary requirements.--The Secretary of 
        the Treasury shall estimate the budgetary requirements for the 
        Federal Aviation Administration for the upcoming fiscal year 
        based on the budget of the United States Government.
            ``(2) Estimate of fees.--The Secretary of the Treasury 
        shall estimate the amount of user fees imposed under section 
        45305 to be collected for the upcoming fiscal year.
            ``(3) Estimate of tax revenues.--The Secretary of the 
        Treasury shall estimate the receipts in the upcoming fiscal 
        year from taxes that, but for this section, would be imposed 
        under sections 4261(a) (relating to the passenger tickets), 
        4261(c) (relating to international arrivals and departures), 
        4271 (relating to transportation of property), 4261(b) 
        (domestic passenger flight segments), 4261(e)(1) (relating to 
        passenger tickets for rural airports), and 4261(e)(3) (relating 
        to frequent flyer programs) of the Internal Revenue Code of 
        1986.
            ``(4) Calculation of actual resources.--On the date on 
        which the Budget of the United States Government is transmitted 
        to Congress in 2002, and on that date in each year thereafter, 
        the Secretary of Treasury shall calculate the amount that 
        actual budget resources, in the fiscal year that is one year 
        earlier than the current year, and user fee and tax receipts 
        credited to the Airport and Airway Trust Fund, in the fiscal 
        year that is two years earlier than the current year, varied 
        from the amounts projected in the calculation previously made 
        for the fiscal year that is two years earlier than the current 
        year under this subsection or section 45305(d). The resulting 
        positive or negative amount is added to the estimated amount 
        calculated under paragraph (3).
            ``(5) Calculation of adjustments.--The Secretary of the 
        Treasury shall subtract the amount calculated under paragraph 
        (2) from the amount calculated under paragraph (1) and divide 
        that result by the amount calculated under paragraph (3), after 
        any adjustment under paragraph (4). If the result is less than 
        1, subtract the resulting percentage from 100 percent. The 
        percent that taxes are to be reduced for the upcoming fiscal 
        year under subsection (a) is the result of this calculation. If 
        the result is greater than 1, subtract 1 from the result. The 
        percent that taxes are to be increased for the upcoming fiscal 
        year under subsection (a) is the result of this calculation.''.
    (b) Conforming Amendment.--The analysis for chapter 453 is amended 
by inserting at the end the following:

``45305. Transitional fee for users of air traffic control services.
``45306. Adjustment of certain aviation excise taxes.''.

         PART II--COAST GUARD VESSEL NAVIGATION ASSISTANCE FEE

SEC. 821. COAST GUARD VESSEL NAVIGATIONAL ASSISTANCE FEE.

    (a) In General.--Section 2110 of title 46, United States Code, is 
amended--
            (1) by amending subsection (b) to read as follows:
    ``(b)(1) Commencing in fiscal year 2000, the Secretary may 
establish, adjust, assess, and collect annual fees or charges to 
recover a portion of the costs of navigation services provided to 
commercial vessels by the Coast Guard. The fees or charges shall be 
collected from the owner or operator of each commercial vessel that is 
operated on the navigable waters of the United States.
    ``(2) Fees authorized under this subsection shall be available for 
obligation only to the extent and in the amount provided in advance in 
appropriation Acts.
    ``(3) From amounts collected pursuant to paragraph (1), there are 
authorized to be appropriated to the Secretary of the department in 
which the Coast Guard is operating, to remain available until expended 
and ascribed to the Coast Guard, such sums as may be necessary for 
fiscal year 2000 and for each fiscal year thereafter.
    ``(4)(A) Fees authorized under this subsection may vary or be 
allocated to reflect the costs of navigation services provided to 
different classifications of commercial vessels or vessel owners or 
operators, taking into account factors such as the type of navigation 
services made available; type, size, and capacity of the vessel; type 
and amount of cargo carried; type of port or region; economic 
efficiency; fair distribution of common costs; and other factors the 
Secretary considers appropriate. The total of fees or charges imposed 
shall not exceed the total costs of navigation services used or usable 
by all vessel classifications combined, including the costs of 
administering, collecting, and enforcing the fees.
    ``(B) Fees authorized under this subsection--
            ``(i) may be waived or reduced by the Secretary, if in the 
        public interest; and
            ``(ii) shall be subject to the limitations prescribed in 
        paragraphs (3) through (5) of subsection (a) of this section.
    ``(5) Notwithstanding sections 553(b) and 553(c) of title 5, the 
Secretary shall prescribe by interim final rule an initial schedule of 
fees and the procedures for payment and collection, which shall be 
effective without the necessity for consideration of comments received. 
However, public comment on the interim final rule shall be sought and 
considered before a final rule is promulgated.
    ``(6) In this subsection--
            ``(A) `commercial vessel' means a vessel used in 
        transporting goods or individuals by water for compensation or 
        hire or in the business of the owner, lessee, or operator of 
        the vessel, but does not include a public vessel, a vessel 
        deemed to be a public vessel under section 827 of title 14, a 
        recreational vessel, a ferry, or a fishing vessel; and
            ``(B) `navigation services' means activities and facilities 
        used to make available or provide placement and maintenance of 
        buoys and other short-range aids to navigation, vessel traffic 
        services, radio and satellite navigation systems, waterways 
        regulation, or other services that facilitate navigation of 
        commercial vessels, as determined by the Secretary.'';
            (2) in subsection (e) by inserting after ``violation'' the 
        following: ``, except that in the case of a fee or charge 
        established under subsection (b) of this section, the civil 
        penalty shall be not less than twice the amount of the fee or 
        charge due under subsection (b)'';
            (3) in subsection (h) by inserting after ``section'' the 
        following: ``(except those collected pursuant to subsection 
        (b)(1) of this section)''; and
            (4) in subsection (k) by inserting after the first sentence 
        the following: ``This subsection does not apply to a regulation 
        that would promulgate a user fee specifically authorized by law 
        after November 13, 1998.''.
    (b) Effective Date of Fees.--No fee shall be collected under the 
amendments made by subsection (a) until 30 days after the effective 
date of interim final regulations promulgated pursuant to those 
amendments.

        PART III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY FEES

SEC. 831. HAZARDOUS MATERIALS TRANSPORTATION SAFETY FEES.

    Section 5108 of title 49, United States Code, is amended--
            (1) by striking subsection (b)(1)(C) and inserting the 
        following:
                    ``(C) each State in which the person carries out 
                any of the activities.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Filing Schedule.--Each person required to file a registration 
statement under subsection (a) of this section shall file that 
statement in accordance with regulations issued by the Secretary.'';
            (3) in subsection (g)(1), by striking ``may'' and inserting 
        ``shall'';
            (4) in subsection (g)(2)(A), by striking ``$250 but not 
        more than $5,000'' and inserting ``$500'';
            (5) in subsection (g)(2)(A), by striking ``subparagraph 
        (B)'' and inserting ``subparagraph (E)'';
            (6) in subsection (g)(2)(A)(viii), by striking ``sections 
        5108(g)(2), 5115, and 5116'' and inserting ``chapter 51 (except 
        sections 5109, 5112, and 5119)'';
            (7) by striking subsections (g)(2)(B) and (g)(2)(C) and 
        inserting the following:
            ``(B) At the beginning of each fiscal year, the Secretary 
        shall publish a fee schedule for the fee established under this 
        paragraph. The fee schedule shall be designed to collect the 
        following amounts:
                    ``(i) Amounts authorized for that fiscal year, from 
                amounts in the account established under section 
                5116(i), to carry out sections 5116(a), 5116(i), and 
                5116(j).
                    ``(ii) Amounts appropriated to the Research and 
                Special Programs Administration (RSPA) for that fiscal 
                year from amounts collected under subsection 
                (g)(2)(B)(ii).
                    ``(iii) Amounts appropriated to RSPA for that 
                fiscal year, from amounts in the account established 
                under section 5116(i), to carry out sections 5107(e) 
                and 5115.
                    ``(iv) Amounts authorized for that fiscal year, 
                from amounts in the account established under section 
                5116(i), for publication and distribution of the North 
                American Emergency Response Guidebook.
            ``(C) The Secretary shall transfer to the Secretary of the 
        Treasury all funds received by the Secretary under this 
        paragraph, except the amounts appropriated to RSPA from amounts 
        collected under subsection (g)(2)(B)(ii), for deposit in the 
        account the Secretary of the Treasury established under section 
        5116(i).
            ``(D) Fees authorized under subsection (g)(2)(B)(ii) shall 
        be available for obligation only to the extent and in the 
        amount provided in advance in appropriations Acts. Such fees 
        are authorized to remain available until expended.
            ``(E) The Secretary shall adjust the amount collected under 
        subsection (g)(2)(B) to reflect any unexpended balance in the 
        account established under section 5116(i). However, the 
        Secretary is not required to refund any fee collected under 
        this paragraph.''; and
            (8) in subsection (i)(2)(B), by striking ``State,'' and 
        inserting ``State, an Indian tribe,''.

            PART IV--COMMERCIAL ACCIDENT INVESTIGATION FEES

SEC. 841. COMMERCIAL ACCIDENT INVESTIGATION USER FEES.

    (a) In General.--Chapter 11 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 1120. Commercial accident investigation fees
    ``(a) In General.--
            ``(1) Authority.--A fee for service to offset, on an annual 
        basis and to the extent provided in this subsection, the costs 
        of investigation of commercial transportation accidents and 
        incidents, may be collected by the United States Government as 
        specified in this section.
            ``(2) Use and availablity.--Except as provided under 
        paragraph (4), fees authorized under this section shall be 
        available for obligation, to remain available until expended, 
        only to the extent and in the amount provided in advance in 
        appropriations Acts for the investigation by the National 
        Transportation Safety Board of accidents involving air, ocean 
        and inland waterways, and rail carriers.
            ``(3) Deposit.--Each fee collected under this section shall 
        be deposited as an offsetting collection to the account that is 
        the source of funds used to pay the costs of accident 
        investigations.
            ``(4) Excess amounts.--Notwithstanding paragraphs (2) and 
        (3), amounts collected under this section that exceed 
        $10,000,000 in any fiscal year shall be transferred to the 
        emergency fund established under section 1118(b), and shall be 
        available until expended for unforeseen costs attributable to 
        investigations by the National Transportation Safety Board of 
        extraordinary accidents involving air, ocean and inland 
        waterways, and rail carriers.
    ``(b) Aircraft Accident Investigation Fee.--To the extent that a 
fee for service is newly imposed on the operation of a commercial 
aircraft in United States airspace (or on a flight segment to or from 
the United States) by the Administrator of the Federal Aviation 
Administration after September 30, 1999, the amount of the fee shall, 
in fiscal year 2000 and each succeeding fiscal year in which the fee is 
imposed, be automatically increased under the authority of this section 
by a pro rata amount that allocates over the total fees imposed on an 
aircraft for the fiscal year, the amount that is equivalent to the 
revenue hours of service of the aircraft in United States airspace (or 
on a flight segment to or from the United States) during the fiscal 
year, multiplied by $00.60.
    ``(c) Railroad Accident Investigation Fee.--To the extent that a 
fee for service is newly imposed on the operation of a rail carrier, as 
defined in section 10102 of this title, by the Secretary of 
Transportation after September 30, 1999, the amount of the fee shall, 
in fiscal year 2000 and each succeeding fiscal year in which the fee is 
imposed, be automatically increased under the authority of this section 
by a pro rata amount that allocates over the total fees imposed on the 
rail carrier for the fiscal year, the amount that is equivalent to the 
number of train miles of the rail carrier for the fiscal year, 
multiplied by $00.00313.
    ``(d) Commercial Vessel Accident Investigation Fee.--To the extent 
that a fee for service is newly imposed by statute on the use of port 
facilities at harbors within the United States by commercial vessels 
after September 30, 1999, the amount of the fee shall, in fiscal year 
2000 and each succeeding fiscal year in which the fee is imposed, be 
automatically increased under the authority of this section by a pro 
rata amount that allocates over the total fees imposed on the 
commercial vessel for the fiscal year, the amount this is equivalent to 
the number of vessel movements of the vessel during the fiscal year, 
multiplied by $00.09.''.
    (b) Conforming Amendment.--The analysis for subchapter II of 
chapter 11 of title 49, United States Code, is amended by inserting at 
the end the following:

``1120. Commercial accident investigation user fees.''.

             PART V--SURFACE TRANSPORTATION BOARD USER FEES

SEC. 851. SURFACE TRANSPORTATION BOARD USER FEES.

    Section 705 of title 49, United States Code, is amended--
            (1) by inserting ``(a) Authorizations.--'' before ``There'' 
        at the beginning of the section;
            (2) by striking ``and'' at the end of paragraph (2);
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding after paragraph (3) the following:
            ``(4) $17,000,000 for fiscal year 2000, which shall be 
        derived from fees collected in the fiscal year by the Board.
    ``(b) User Fees and Charges.--
            ``(1) In general.--Beginning in fiscal year 2000, the Board 
        is authorized to assess and collect fees and annual charges in 
        each fiscal year in amounts equal to all of the costs incurred 
        by the Board in that fiscal year.
            ``(2) Amount.--The amount of fees and charges imposed by 
        the Board under this subsection shall be computed using methods 
        that the Board determines, by rule, to be fair and equitable.
            ``(3) Use and availability.--Fees authorized under this 
        section shall be available for obligation, to remain available 
        until expended, only to the extent and in the amount provided 
        in advance in appropriation Acts.''.

                     PART VI--RAIL SAFETY USER FEES

SEC. 861. RAIL SAFETY INSPECTION USER FEES.

    Section 20115 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``chapter'' in the first sentence 
                and inserting ``part''; and
                    (B) by amending paragraph (1) to read as follows:
            ``(1) shall cover the costs incurred by the Federal 
        Railroad Administration in carrying out this part and chapter 
        51 of this title;'';
            (2) by amending subsection (c) to read as follows:
    ``(c) Collection, Deposit, and Use.--(1) The Secretary is 
authorized to impose and collect fees under this section for each 
fiscal year (beginning with fiscal year 2000) before the end of the 
fiscal year to cover the costs of carrying out this part and Federal 
Railroad Administration activities in connection with chapter 51 of 
this title.
    ``(2) Fees authorized under this section shall be available for 
obligation only to the extent and in the amount provided in advance in 
appropriations Acts. Such fees are authorized to be appropriated to 
remain available until expended.''; and
            (3) by striking subsections (d) and (e).

                      TITLE II--BUDGET PROVISIONS

SEC. 2001. REDUCTION OF PREEXISTING BALANCES ON PAYGO SCORECARD.

    Upon the enactment of this Act, the Director of the Office of 
Management and Budget shall--
            (1) reduce any balances of direct spending and receipts 
        legislation for fiscal year 2000 under section 252 of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 to 
        zero; and
            (2) treat the amount of any balances so reduced as negative 
        discretionary budget authority and outlays for fiscal year 2000 
        under section 251 of such Act.
                                 <all>