[Congressional Record Volume 146, Number 38 (Thursday, March 30, 2000)]
[Senate]
[Pages S2000-S2007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

   LAUNCHING OUR COMMUNITIES' ACCESS TO LOCAL TELEVISION ACT OF 2000

                                 ______
                                 

             BAUCUS (AND OTHERS) AMENDMENTS NOS. 2892-2893

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself, Mr. Leahy, and Mr. Robb) submitted two 
amendments intended to be proposed by them to the bill (S. 2097) to 
authorize loan guarantees in order to facilitate access to local 
television broadcast signals in unserved and underserved areas, and for 
other purposes; as follows:

                           Amendment No. 2892

       On page 25, line 10, insert after ``local television 
     stations'' the following: ``, and related signals (including 
     high-speed Internet access and National Weather Service 
     broadcasts),''.
       On page 30, strike line 9 and insert the following: ``means 
     by which local television broadcast signals, and related 
     signals (including high-speed Internet access and National 
     Weather Service broadcasts),''.
       On page 33, between lines 23 and 24, insert the following:
       (B) Additional priority.--Among projects receiving a 
     priority under subparagraph (A), the Board should also give 
     an additional priority to projects which also provide related 
     signals (including high-speed Internet access and National 
     Weather Service broadcasts).
       On page 33, line 24, strike ``(B)'' and insert ``(C)''.
                                  ____


                           Amendment No. 2893

       On page 25, strike line 10 and all that follows through 
     page 33, line 25, and insert the following:
     signals of local television stations, and related signals 
     (including high-speed Internet access and National Weather 
     Service broadcasts), for households located in unserved areas 
     and underserved areas.

     SEC. 3. LOCAL TELEVISION LOAN GUARANTEE BOARD.

       (a) Establishment.--There is established the LOCAL 
     Television Loan Guarantee Board (in this Act referred to as 
     the ``Board'').
       (b) Members.--
       (1) In general.--Subject to paragraph (2), the Board shall 
     consist of the following members:
       (A) The Secretary of the Treasury, or the designee of the 
     Secretary.
       (B) The Chairman of the Board of Governors of the Federal 
     Reserve System, or the designee of the Chairman.
       (C) The Secretary of Agriculture, or the designee of the 
     Secretary.
       (2) Requirement as to designees.--An individual may not be 
     designated a member of the Board under paragraph (1) unless 
     the individual is an officer of the United States pursuant to 
     an appointment by the President, by and with the advice and 
     consent of the Senate.
       (c) Functions of the Board.--
       (1) In general.--The Board shall determine whether or not 
     to approve loan guarantees under this Act. The Board shall 
     make such determinations consistent with the purpose of this 
     Act and in accordance with this subsection and section 4 of 
     this Act.
       (2) Consultation authorized.--
       (A) In general.--In carrying out its functions under this 
     Act, the Board shall consult with such departments and 
     agencies of the Federal Government as the Board considers 
     appropriate, including the Department of Commerce, the 
     Department of Agriculture, the Department of the Treasury, 
     the Department of Justice, the Department of the Interior, 
     the Board of Governors of the Federal Reserve System, the 
     Federal Communications Commission, the Federal Trade 
     Commission, and the National Aeronautics and Space 
     Administration.
       (B) Response.--A department or agency consulted by the 
     Board under subparagraph (A) shall provide the Board such 
     expertise and assistance as the Board requires to carry out 
     its functions under this Act.
       (3) Approval by majority vote.--The determination of the 
     Board to approve a loan guarantee under this Act shall be by 
     a vote of a majority of the Board.

     SEC. 4. APPROVAL OF LOAN GUARANTEES.

       (a) Authority To Approve Loan Guarantees.--Subject to the 
     provisions of this section and consistent with the purpose of 
     this Act, the Board may approve loan guarantees under this 
     Act.
       (b) Regulations.--
       (1) Requirements.--The Administrator (as defined in section 
     5 of this Act), under the direction of and for approval by 
     the Board, shall prescribe regulations to implement the 
     provisions of this Act and shall do so not later than 120 
     days after funds authorized to be appropriated under section 
     10 of this Act have been appropriated in a bill signed into 
     law.
       (2) Elements.--The regulations prescribed under paragraph 
     (1) shall--
       (A) set forth the form of any application to be submitted 
     to the Board under this Act;
       (B) set forth time periods for the review and consideration 
     by the Board of applications to be submitted to the Board 
     under this Act, and for any other action to be taken by the 
     Board with respect to such applications;
       (C) provide appropriate safeguards against the evasion of 
     the provisions of this Act;
       (D) set forth the circumstances in which an applicant, 
     together with any affiliate of an applicant, shall be treated 
     as an applicant for a loan guarantee under this Act;
       (E) include requirements that appropriate parties submit to 
     the Board any documents and assurances that are required for 
     the administration of the provisions of this Act; and
       (F) include such other provisions consistent with the 
     purpose of this Act as the Board considers appropriate.
       (3) Construction.--(A) Nothing in this Act shall be 
     construed to prohibit the Board from requiring, to the extent 
     and under circumstances considered appropriate by the Board, 
     that affiliates of an applicant be subject to certain 
     obligations of the applicant as a condition to the approval 
     or maintenance of a loan guarantee under this Act.
       (B) If any provision of this Act or the application of such 
     provision to any person or entity or circumstance is held to 
     be invalid by a court of competent jurisdiction, the 
     remainder of this Act, or the application of such provision 
     to such person or entity or circumstance other than those as 
     to which it is held invalid, shall not be affected thereby.
       (c) Authority Limited by Appropriations Acts.--The Board 
     may approve loan guarantees under this Act only to the extent 
     provided for in advance in appropriations Acts. The Board may 
     delegate to the Administrator (as defined in section 5 of 
     this Act) the authority to approve loan guarantees of up to 
     $20,000,000. To the extent the Administrator is delegated 
     such authority, the Administrator shall comply with the terms 
     of this Act applicable to the Board.
       (d) Requirements and Criteria Applicable to Approval.--
       (1) In general.--The Board shall utilize the underwriting 
     criteria developed under subsection (g), and any relevant 
     information provided by the departments and agencies with 
     which the Board consults under section 3, to determine which 
     loans may be eligible for a loan guarantee under this Act.
       (2) Prerequisites.--In addition to meeting the underwriting 
     criteria under paragraph (1), a loan may not be guaranteed 
     under this Act unless--
       (A) the loan is made to finance the acquisition, 
     improvement, enhancement, construction, deployment, launch, 
     or rehabilitation of the means by which local television 
     broadcast signals, and related signals (including high-speed 
     Internet access and National Weather Service broadcasts), 
     will be delivered to an unserved area or underserved area;
       (B) the proceeds of the loan will not be used for operating 
     expenses;
       (C) the proposed project, as determined by the Board in 
     consultation with the National Telecommunications and 
     Information Administration, is not likely to have a 
     substantial adverse impact on competition that outweighs the 
     benefits of improving access to

[[Page S2001]]

     the signals of a local television station in an unserved area 
     or underserved area;
       (D) the loan is provided by an insured depository 
     institution (as that term is defined in section 3 of the 
     Federal Deposit Insurance Act) that is acceptable to the 
     Board, and has terms, in the judgment of the Board, that are 
     consistent in material respects with the terms of similar 
     obligations in the private capital market;
       (E) repayment of the loan is required to be made within a 
     term of the lesser of--
       (i) 25 years from the date of the execution of the loan; or
       (ii) the economically useful life, as determined by the 
     Board or in consultation with persons or entities deemed 
     appropriate by the Board, of the primary assets to be used in 
     the delivery of the signals concerned; and
       (F) the loan meets any additional criteria developed under 
     subsection (g).
       (3) Protection of united states financial interests.--The 
     Board may not approve the guarantee of a loan under this Act 
     unless--
       (A) the Board has been given documentation, assurances, and 
     access to information, persons, and entities necessary, as 
     determined by the Board, to address issues relevant to the 
     review of the loan by the Board for purposes of this Act; and
       (B) the Board makes a determination in writing that--
       (i) to the best of its knowledge upon due inquiry, the 
     assets, facilities, or equipment covered by the loan will be 
     utilized economically and efficiently;
       (ii) the terms, conditions, security, and schedule and 
     amount of repayments of principal and the payment of interest 
     with respect to the loan protect the financial interests of 
     the United States and are reasonable;
       (iii) to the extent possible, the value of collateral 
     provided by an applicant is at least equal to the unpaid 
     balance of the loan amount covered by the loan guarantee (the 
     ``Amount'' for purposes of this clause); and if the value of 
     collateral provided by an applicant is less than the Amount, 
     the additional required collateral is provided by any 
     affiliate of the applicant; and if the combined value of 
     collateral provided by an applicant and any affiliate is not 
     at least equal to the Amount, the collateral from such 
     affiliate represents all of such affiliate's assets;
       (iv) all necessary and required regulatory and other 
     approvals, spectrum rights, and delivery permissions have 
     been received for the loan, the project under the loan, and 
     the Other Debt, if any, under subsection (f)(2)(B);
       (v) the loan would not be available on reasonable terms and 
     conditions without a loan guarantee under this Act; and
       (vi) repayment of the loan can reasonably be expected.
       (e) Considerations.--
       (1) Type of market.--
       (A) Priority considerations.--To the maximum extent 
     practicable, the Board shall give priority in the approval of 
     loan guarantees under this Act in the following order: First, 
     to projects that will serve the greatest number of households 
     in unserved areas; and second, to projects that will serve 
     the greatest number of households in underserved areas. In 
     each instance, the Board shall consider the project's 
     estimated cost per household to be served.
       (B) Additional priority.--Among projects receiving a 
     priority under subparagraph (A), the Board should also give 
     an additional priority to projects which also provide related 
     signals (including high-speed Internet access and National 
     Weather Service broadcasts).
       (C) Prohibition.--The Board may not approve a loan 
     guarantee under this Act for a * * *

                           *   *   *   *   *

                                 ______
                                 

              LEAHY (AND BAUCUS) AMENDMENTS NOS. 2894-2895

  (Ordered to lie on the table.)
  Mr. LEAHY (for himself and Mr. Baucus) submitted two amendments 
intended to be proposed by them to the bill, S. 2097, supra; as 
follows:

                           Amendment No. 2894

       On page 25, line 10, insert after ``local television 
     stations'' the following: ``, and related signals (including 
     high-speed Internet access and National Weather Service 
     broadcasts),''.
       On page 30, strike line 9 and insert the following: ``means 
     (including spectrum rights) by which local television 
     broadcast signals, and related signals (including high-speed 
     Internet access and National Weather Service broadcasts),''.
       On page 33, between lines 23 and 24, insert the following:
       (B) Additional priority.--Among projects receiving a 
     priority under subparagraph (A), the Board should also give 
     an additional priority to projects which also provide related 
     signals (including high-speed Internet access and National 
     Weather Service broadcasts).
       On page 33, line 24, strike ``(B)'' and insert ``(C)''.

                           Amendment No. 2895

       On page 25, strike line 10 and all that follows through 
     page 33, line 25, and insert the following:
     signals of local television stations, and related signals 
     (including high-speed Internet access and National Weather 
     Service broadcasts), for households located in unserved areas 
     and underserved areas.

     SEC. 3. LOCAL TELEVISION LOAN GUARANTEE BOARD.

       (a) Establishment.--There is established the LOCAL 
     Television Loan Guarantee Board (in this Act referred to as 
     the ``Board'').
       (b) Members.--
       (1) In general.--Subject to paragraph (2), the Board shall 
     consist of the following members:
       (A) The Secretary of the Treasury, or the designee of the 
     Secretary.
       (B) The Chairman of the Board of Governors of the Federal 
     Reserve System, or the designee of the Chairman.
       (C) The Secretary of Agriculture, or the designee of the 
     Secretary.
       (2) Requirement as to designees.--An individual may not be 
     designated a member of the Board under paragraph (1) unless 
     the individual is an officer of the United States pursuant to 
     an appointment by the President, by and with the advice and 
     consent of the Senate.
       (c) Functions of the Board.--
       (1) In general.--The Board shall determine whether or not 
     to approve loan guarantees under this Act. The Board shall 
     make such determinations consistent with the purpose of this 
     Act and in accordance with this subsection and section 4 of 
     this Act.
       (2) Consultation authorized.--
       (A) In general.--In carrying out its functions under this 
     Act, the Board shall consult with such departments and 
     agencies of the Federal Government as the Board considers 
     appropriate, including the Department of Commerce, the 
     Department of Agriculture, the Department of the Treasury, 
     the Department of Justice, the Department of the Interior, 
     the Board of Governors of the Federal Reserve System, the 
     Federal Communications Commission, the Federal Trade 
     Commission, and the National Aeronautics and Space 
     Administration.
       (B) Response.--A department or agency consulted by the 
     Board under subparagraph (A) shall provide the Board such 
     expertise and assistance as the Board requires to carry out 
     its functions under this Act.
       (3) Approval by majority vote.--The determination of the 
     Board to approve a loan guarantee under this Act shall be by 
     a vote of a majority of the Board.

     SEC. 4. APPROVAL OF LOAN GUARANTEES.

       (a) Authority To Approve Loan Guarantees.--Subject to the 
     provisions of this section and consistent with the purpose of 
     this Act, the Board may approve loan guarantees under this 
     Act.
       (b) Regulations.--
       (1) Requirements.--The Administrator (as defined in section 
     5 of this Act), under the direction of and for approval by 
     the Board, shall prescribe regulations to implement the 
     provisions of this Act and shall do so not later than 120 
     days after funds authorized to be appropriated under section 
     10 of this Act have been appropriated in a bill signed into 
     law.
       (2) Elements.--The regulations prescribed under paragraph 
     (1) shall--
       (A) set forth the form of any application to be submitted 
     to the Board under this Act;
       (B) set forth time periods for the review and consideration 
     by the Board of applications to be submitted to the Board 
     under this Act, and for any other action to be taken by the 
     Board with respect to such applications;
       (C) provide appropriate safeguards against the evasion of 
     the provisions of this Act;
       (D) set forth the circumstances in which an applicant, 
     together with any affiliate of an applicant, shall be treated 
     as an applicant for a loan guarantee under this Act;
       (E) include requirements that appropriate parties submit to 
     the Board any documents and assurances that are required for 
     the administration of the provisions of this Act; and
       (F) include such other provisions consistent with the 
     purpose of this Act as the Board considers appropriate.
       (3) Construction.--(A) Nothing in this Act shall be 
     construed to prohibit the Board from requiring, to the extent 
     and under circumstances considered appropriate by the Board, 
     that affiliates of an applicant be subject to certain 
     obligations of the applicant as a condition to the approval 
     or maintenance of a loan guarantee under this Act.
       (B) If any provision of this Act or the application of such 
     provision to any person or entity or circumstance is held to 
     be invalid by a court of competent jurisdiction, the 
     remainder of this Act, or the application of such provision 
     to such person or entity or circumstance other than those as 
     to which it is held invalid, shall not be affected thereby.
       (c) Authority Limited by Appropriations Acts.--The Board 
     may approve loan guarantees under this Act only to the extent 
     provided for in advance in appropriations Acts. The Board may 
     delegate to the Administrator (as defined in section 5 of 
     this Act) the authority to approve loan guarantees of up to 
     $20,000,000. To the extent the Administrator is delegated 
     such authority, the Administrator shall comply with the terms 
     of this Act applicable to the Board.
       (d) Requirements and Criteria Applicable to Approval.--
       (1) In general.--The Board shall utilize the underwriting 
     criteria developed under subsection (g), and any relevant 
     information provided by the departments and agencies with 
     which the Board consults under section 3, to determine which 
     loans may be eligible for a loan guarantee under this Act.
       (2) Prerequisites.--In addition to meeting the underwriting 
     criteria under paragraph (1), a loan may not be guaranteed 
     under this Act unless--

[[Page S2002]]

       (A) the loan is made to finance the acquisition, 
     improvement, enhancement, construction, deployment, launch, 
     or rehabilitation of the means (including spectrum rights) by 
     which local television broadcast signals, and related signals 
     (including high-speed Internet access and National Weather 
     Service broadcasts), will be delivered to an unserved area or 
     underserved area;
       (B) the proceeds of the loan will not be used for operating 
     expenses;
       (C) the proposed project, as determined by the Board in 
     consultation with the National Telecommunications and 
     Information Administration, is not likely to have a 
     substantial adverse impact on competition that outweighs the 
     benefits of improving access to the signals of a local 
     television station in an unserved area or underserved area;
       (D) the loan is provided by an insured depository 
     institution (as that term is defined in section 3 of the 
     Federal Deposit Insurance Act) that is acceptable to the 
     Board, and has terms, in the judgment of the Board, that are 
     consistent in material respects with the terms of similar 
     obligations in the private capital market;
       (E) repayment of the loan is required to be made within a 
     term of the lesser of--
       (i) 25 years from the date of the execution of the loan; or
       (ii) the economically useful life, as determined by the 
     Board or in consultation with persons or entities deemed 
     appropriate by the Board, of the primary assets to be used in 
     the delivery of the signals concerned; and
       (F) the loan meets any additional criteria developed under 
     subsection (g).
       (3) Protection of united states financial interests.--The 
     Board may not approve the guarantee of a loan under this Act 
     unless--
       (A) the Board has been given documentation, assurances, and 
     access to information, persons, and entities necessary, as 
     determined by the Board, to address issues relevant to the 
     review of the loan by the Board for purposes of this Act; and
       (B) the Board makes a determination in writing that--
       (i) to the best of its knowledge upon due inquiry, the 
     assets, facilities, or equipment covered by the loan will be 
     utilized economically and efficiently;
       (ii) the terms, conditions, security, and schedule and 
     amount of repayments of principal and the payment of interest 
     with respect to the loan protect the financial interests of 
     the United States and are reasonable;
       (iii) to the extent possible, the value of collateral 
     provided by an applicant is at least equal to the unpaid 
     balance of the loan amount covered by the loan guarantee (the 
     ``Amount'' for purposes of this clause); and if the value of 
     collateral provided by an applicant is less than the Amount, 
     the additional required collateral is provided by any 
     affiliate of the applicant; and if the combined value of 
     collateral provided by an applicant and any affiliate is not 
     at least equal to the Amount, the collateral from such 
     affiliate represents all of such affiliate's assets;
       (iv) all necessary and required regulatory and other 
     approvals, spectrum rights, and delivery permissions have 
     been received for the loan, the project under the loan, and 
     the Other Debt, if any, under subsection (f)(2)(B);
       (v) the loan would not be available on reasonable terms and 
     conditions without a loan guarantee under this Act; and
       (vi) repayment of the loan can reasonably be expected.
       (e) Considerations.--
       (1) Type of market.--
       (A) Priority considerations.--To the maximum extent 
     practicable, the Board shall give priority in the approval of 
     loan guarantees under this Act in the following order: First, 
     to projects that will serve the greatest number of households 
     in unserved areas; and second, to projects that will serve 
     the greatest number of households in underserved areas. In 
     each instance, the Board shall consider the project's 
     estimated cost per household to be served.
       (B) Additional priority.--Among projects receiving a 
     priority under subparagraph (A), the Board should also give 
     an additional priority to projects which also provide related 
     signals (including high-speed Internet access and National 
     Weather Service broadcasts).
       (C) Prohibition.--The Board may not approve a loan 
     guarantee under this Act for a * * *

                           *   *   *   *   *

                                 ______
                                 

                       BUNNING AMENDMENT NO. 2896

  Mr. BUNNING proposed an amendment to the bill, S. 2097, supra; as 
follows:

       On page 33, between lines 11 and 12, insert the following:
       (4) Requirement relating to applicant receiving entire 
     guarantee amount.--The entire amount of the guarantee 
     available under subsection (f) may not be provided for the 
     guarantee of a single loan unless the applicant for the loan 
     agrees to provide in each unserved area and underserved area 
     of each State the signals of all local television stations 
     broadcast in such State.
                                 ______
                                 

                        GRAMM AMENDMENT NO. 2897

  Mr. GRAMM proposed an amendment to the bill, S. 2097, supra; as 
follows:

       On page 30, strike line 22 and all that follows through 
     page 31, line 3, and insert the following:
       ``(D)(i) the loan (including Other Debt, as defined in 
     subsection (f)(2)(B))--
       ``(I) is provided by any entity engaged in the business of 
     commercial lending--
       ``(aa) if the loan is made in accordance with loan-to-one-
     borrower and affiliate transaction restrictions to which the 
     entity is subject under applicable law; or
       ``(bb) if subclause (aa) does not apply, the loan is made 
     only to a borrower that is not an affiliate of the entity and 
     only if the amount of the loan and all outstanding loans by 
     that entity to that borrower and any of its affiliates does 
     not exceed 10 percent of the net equity of the entity; or
       ``(II) is provided by a nonprofit corporation engaged 
     primarily in commercial lending, if the Board determines that 
     the nonprofit corporation has one or more issues of 
     outstanding long term debt that is rated within the highest 3 
     rating categories of a nationally recognized statistical 
     rating organization, and that such rating will not decline 
     upon the nonprofit corporation's approval and funding of the 
     loan;
       ``(ii)(I) no loan (including Other Debt as defined in 
     subsection (f)(2)(B)) may be made by a governmental entity or 
     affiliate thereof, or a Government-sponsored enterprise as 
     defined in section 1404(e)(1)(A) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1811 note) or any affiliate thereof;
       ``(II) any loan (including Other Debt as defined in 
     subsection (f)(2)(B)) must have terms, in the judgment of the 
     Board, that are consistent in material respects with the 
     terms of similar obligations in the private capital market;
       ``(III) if a nonprofit corporation fails to maintain the 
     debt rating required by subclause (i)(II), the subject loan 
     shall be sold to another entity described in clause (i) 
     through an arm's length transaction, and the Board shall by 
     regulation specify forms of acceptable documentation 
     evidencing the maintenance of such debt rating;
       ``(IV) for purposes of subclause (i)(I)(bb), the term `net 
     equity' means the value of the issued and outstanding voting 
     and nonvoting interests of the entity, less the total 
     liabilities of the entity, as recorded under generally 
     accepted accounting principles for the fiscal quarter ended 
     immediately prior to the date on which the subject loan is 
     approved;''.
                                 ______
                                 

                       JOHNSON AMENDMENT NO. 2898

  Mr. JOHNSON proposed an amendment to amendment No. 2897 proposed by 
Mr. Gramm to the bill, S. 2097, supra; as follows:

       In lieu of the language proposed to be inserted, insert the 
     following:
       ``(D) the loan is provided by an insured depository 
     institution (as defined in section 3 of the F.D.I. Act) that 
     is acceptable to the Board, or any lender that (i) has not 
     fewer than one issue of outstanding debt that is rated within 
     the highest three rating categories of a nationally 
     recognized statistical rating agency; or (ii) has provided 
     financing to entities with outstanding debt from the Rural 
     Utilities Service and which possess, in the judgment of the 
     Board, the expertise, capacity and capital strength to 
     provide financing pursuant to this Act and has terms, in the 
     judgment of the Board, that are consistent in material 
     respects with the terms of similar obligations in the private 
     capital market;
                                 ______
                                 

                         THE GAS TAX REPEAL ACT

                                 ______
                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 2899

  (Ordered to lie on the table.)
  Mr. KENNEDY (for himself, Mr. Daschle, Mr. Akaka, Mrs. Boxer, Mr. 
Durbin, Mr. Sarbanes, Mr. Wellstone, Mr. Reed, Ms. Mikulski, and Mr. 
Robb) submitted an amendment intended to be proposed by them to the 
bill (S. 2285) instituting a Federal fuels tax holiday; as follows:

       At the appropriate place, insert the following:

                               TITLE II--

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Minimum Wage Increase Act 
     of 2000''.

     SEC. 202. MINIMUM WAGE.

       Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)(1)) is amended to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.15 an hour beginning September 1, 1997,
       ``(B) $5.65 an hour during the year beginning April 1, 
     2000, and
       ``(C) $6.15 an hour beginning April 1, 2001;''.

     SEC. 203. MINIMUM WAGE IN THE COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS.

       (a) In General.--Subject to subsection (b), the provisions 
     of section 6 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206) shall apply to the Commonwealth of the Northern 
     Mariana Islands.
       (b) Transition.--
       (1) In general.--Notwithstanding subsection (a), the 
     minimum wage applicable to the Commonwealth of the Northern 
     Mariana Islands under section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C.

[[Page S2003]]

     206(a)(1)) shall be $3.55 an hour beginning on the date that 
     is 30 days after the date of enactment of this section.
       (2) Increases in minimum wage.--
       (A) In general.--On the date that is 6 months after the 
     date of enactment of this Act, and every 6 months thereafter, 
     the minimum wage applicable to the Commonwealth of the 
     Northern Mariana Islands under section 6(a)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall be 
     increased by $0.50 per hour (or such a lesser amount as may 
     be necessary to equal the minimum wage under such section) 
     until such time as the minimum wage applicable to the 
     Commonwealth of the Northern Mariana Islands under this 
     subsection is equal to the minimum wage set forth in section 
     6(a)(1) of such Act for the date involved.
       (B) Further increases.--With respect to dates beginning 
     after the minimum wage applicable to the Commonwealth of the 
     Northern Mariana Islands is equal to the minimum wage set 
     forth in section 6(a)(1) of the Fair Labor Standards Act of 
     1938 (29 U.S.C. 206(a)(1)), as provided in subparagraph (A), 
     such applicable minimum wage shall be immediately increased 
     so as to remain equal to the minimum wage set forth in 
     section 6(a)(1) of such Act for the date involved.
                                 ______
                                 

 THE LAUNCHING OUR COMMUNITIES' ACCESS TO LOCAL TELEVISION ACT OF 2000

                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 2900

  Mr. BAUCUS (for himself, Mr. Leahy, Mr. Robb, Mr. Kennedy, Mr. 
Stevens, Mr. Wellstone, Mr. Burns, Mr. Murkowski, Mrs. Lincoln, and Mr. 
Inouye) proposed an amendment to the bill, S. 2097, supra; as follows:

       On page 25, line 10, insert after ``local television 
     stations'' the following: ``, and related signals (including 
     high-speed Internet access and National Weather Service 
     broadcasts),''.
       On page 30, strike line 9 and insert the following: ``means 
     by which local television broadcast signals, and related 
     signals (including high-speed Internet access and National 
     Weather Service broadcasts),''.
       On page 33, between lines 23 and 24, insert the following:
       (B) Additional considerations.--To the maximum extent 
     practicable the Board should give additional consideration to 
     projects which also provide related signals (including high-
     speed Internet access and National Weather Service 
     broadcasts).
       On page 33, line 24, strike ``(B)'' and insert ``(C)''.
                                 ______
                                 

                       BREAUX AMENDMENT NO. 2901

  Mr. BREAUX proposed an amendment to the bill, S. 2097, supra; as 
follows:

       At the appropriate place insert the following:
       Section 4(d)(2)(a) of S. 2097 is amended by striking the 
     word ``launch,''.
       S. 2097 is amended by inserting the following Section 5A:

     ``SEC. 5A. APPROVAL AND ADMINISTRATION OF LOAN GUARANTEES 
                   RELATING TO LAUNCH VEHICLES.

       ``(a) Authority To Approve Loan Guarantees Relating to 
     Launch Vehicles.--To further the purposes of this Act 
     including to reduce costs necessary to facilitate access to 
     local television broadcast signals in unserved and 
     underserved areas, without unnecessarily creating a new 
     administrative apparatus, the Secretary of Transportation is 
     authorized, subject to the provisions of this Section, to 
     approve loans guarantees relating to space launch vehicles. 
     For this purpose, the credit assistance program established 
     in Section 1503 of Chapter 1 of Subtitle E of the 
     Transportation Equity Act for the 21st Century, Pub. L. No. 
     105-178, is expanded to include projects for the design, 
     development, and construction of space transportation systems 
     and infrastructure, including launch and reentry vehicles 
     subject to the licensing requirements of Section 70104 of 
     Title 49, United States Code.
       ``(b) Funding.--To fund the cost to the Government of loan 
     guarantees provided under this Section for space 
     transportation systems and infrastructure projects, there is 
     authorized to be appropriated $250 million for Fiscal Year 
     2001, and such other sums as may be necessary for each of 
     Fiscal Years 2002 through 2005. From funds made available 
     under this subsection, the Secretary of Transportation, for 
     the administration of the program, may use not more than $2 
     million for each of Fiscal Years 2001 through 2005. For each 
     of Fiscal Years 2001 through 2005, principal amount of 
     Federal credit instruments made available for space 
     transportation systems and infrastructure projects shall be 
     limited to the same amounts set forth in Section 1503 of 
     Chapter 1 of Subtitle E of the Transportation Equity Act for 
     the 21st Century, Pub. L. No. 105-178.
       ``(c) Regulatory Authority.--To carry out the provisions of 
     this Section, the Secretary shall, within 120 days after 
     enactment of this Act, adopt such regulations as he 
     reasonably deems necessary. Such regulations shall not be 
     inconsistent with the provisions of Section 5 of S. 2097, the 
     ``Launching Our Communities' Access to Local Television Act 
     of 2000.''
                                 ______
                                 

                  GRAMM (FOR HATCH) AMENDMENT NO. 2902

  Mr. GRAMM (for Mr. Hatch) proposed an amendment to the bill, S. 2097, 
supra; as follows:

       On page 49, strike lines 1 through 13 and insert the 
     following:

     SEC. 8. DEFINITIONS.

       On page 50, line 23, strike ``10.'' and insert ``9.''
                                 ______
                                 

                JOHNSON (AND OTHERS) AMENDMENT NO. 2903

  Mr. JOHNSON (for himself, Mr. Gramm, Mr. Thomas, Mr. Grams, and Mr. 
Burns) proposed an amendment to the bill, S. 2097, supra; as follows:

       On page 30, strike line 22 and all that follows through 
     page 31, line 3, and insert the following:
       ``(D)(i) the loan (including Other Debt, as defined in 
     subsection (f)(2)(B))--
       ``(I) is provided by any entity engaged in the business of 
     commercial lending--
       ``(aa) if the loan is made in accordance with loan-to-one-
     borrower and affiliate transaction restrictions to which the 
     entity is subject under applicable law; or
       ``(bb) if subclause (aa) does not apply, the loan is made 
     only to a borrower that is not an affiliate of the entity and 
     only if the amount of the loan and all outstanding loans by 
     that entity to that borrower and any of its affiliates does 
     not exceed 10 percent of the net equity of the entity; or
       ``(II) is provided by a nonprofit corporation, including 
     the National Rural Utilities Cooperative Finance Corporation, 
     engaged primarily in commercial lending, if the Board 
     determines that such nonprofit corporation has one or more 
     issues of outstanding long term debt that is rated within the 
     highest 3 rating categories of a nationally recognized 
     statistical rating organization, and, if the Board determines 
     that the making of the loan by such nonprofit corporation 
     will cause a decline in the debt rating mentioned above, the 
     Board at its discretion may disapprove the loan guarantee on 
     this basis;
       ``(ii)(I) no loan (including Other Debt as defined in 
     subsection (f)(2)(B)) may be made for purposes of this Act by 
     a governmental entity or affiliate thereof, or by the Federal 
     Agricultural Mortgage Corporation, or any institution 
     supervised by the Office of Federal Housing Enterprise 
     Oversight, the Federal Housing Finance Board, or any 
     affiliate of such entities;
       ``(II) any loan (including Other Debt as defined in 
     subsection (f)(2)(B)) must have terms, in the judgment of the 
     Board, that are consistent in material respects with the 
     terms of similar obligations in the private capital market;
       ``(III) for purposes of subclause (i)(I)(bb), the term `net 
     equity' means the value of the total assets of the entity, 
     less the total liabilities of the entity, as recorded under 
     generally accepted accounting principles for the fiscal 
     quarter ended immediately prior to the date on which the 
     subject loan is approved;''.
                                 ______
                                 

          ESTUARY HABITAT RESTORATION PARTNERSHIP ACT OF 1999

                                 ______
                                 

                        SMITH AMENDMENT NO. 2904

  Mr. SMITH of New Hampshire proposed an amendment to the bill (S. 835) 
to encourage the restoration of estuary habitat through more efficient 
project financing and enhanced coordination of Federal and non-Federal 
restoration programs, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Estuary 
     Habitat and Chesapeake Bay Restoration Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  TITLE I--ESTUARY HABITAT RESTORATION

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
Sec. 105. Establishment of Collaborative Council.
Sec. 106. Duties of Collaborative Council.
Sec. 107. Cost sharing of estuary habitat restoration projects.
Sec. 108. Monitoring and maintenance of estuary habitat restoration 
              projects.
Sec. 109. Cooperative agreements; memoranda of understanding.
Sec. 110. Distribution of appropriations for estuary habitat 
              restoration activities.
Sec. 111. Authorization of appropriations.
Sec. 112. National estuary program.
Sec. 113. General provisions.

                  TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay restoration.

                      TITLE III--LONG ISLAND SOUND

Sec. 301. Reauthorization.

[[Page S2004]]

                  TITLE I--ESTUARY HABITAT RESTORATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Estuary Habitat 
     Restoration Partnership Act of 2000''.

     SEC. 102. FINDINGS.

       Congress finds that--
       (1) estuaries provide some of the most ecologically and 
     economically productive habitat for an extensive variety of 
     plants, fish, wildlife, and waterfowl;
       (2) the estuaries and coastal regions of the United States 
     are home to one-half the population of the United States and 
     provide essential habitat for 75 percent of the commercial 
     fish and 80 to 90 percent of the recreational fish catches of 
     the United States;
       (3) estuaries are gravely threatened by habitat alteration 
     and loss from pollution, development, and overuse;
       (4) successful restoration of estuaries demands the 
     coordination of Federal, State, and local estuary habitat 
     restoration programs; and
       (5) the Federal, State, local, and private cooperation in 
     estuary habitat restoration activities in existence on the 
     date of enactment of this Act should be strengthened and new 
     public and public-private estuary habitat restoration 
     partnerships established.

     SEC. 103. PURPOSES.

       The purposes of this Act are--
       (1) to establish a voluntary program to restore 1,000,000 
     acres of estuary habitat by 2010;
       (2) to ensure coordination of Federal, State, and community 
     estuary habitat restoration programs, plans, and studies;
       (3) to establish effective estuary habitat restoration 
     partnerships among public agencies at all levels of 
     government and between the public and private sectors;
       (4) to promote efficient financing of estuary habitat 
     restoration activities; and
       (5) to develop and enhance monitoring and research 
     capabilities, through use of the environmental technology 
     innovation program associated with the National Estuarine 
     Research Reserve System (established by section 315 of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1461)), to 
     ensure that restoration efforts are based on sound scientific 
     understanding and innovative technologies.

     SEC. 104. DEFINITIONS.

       In this title:
       (1) Collaborative council.--The term ``Collaborative 
     Council'' means the interagency council established by 
     section 105.
       (2) Degraded estuary habitat.--The term ``degraded estuary 
     habitat'' means estuary habitat where natural ecological 
     functions have been impaired and normal beneficial uses have 
     been reduced.
       (3) Estuary.--The term ``estuary'' means--
       (A) a body of water in which fresh water from a river or 
     stream meets and mixes with salt water from the ocean, 
     including the area located in the Great Lakes Biogeographic 
     Region and designated as a National Estuarine Research 
     Reserve under the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1451 et seq.) as of the date of enactment of this Act; 
     and
       (B) the physical, biological, and chemical elements 
     associated with such a body of water.
       (4) Estuary habitat.--
       (A) In general.--The term ``estuary habitat'' means the 
     complex of physical and hydrologic features and living 
     organisms within estuaries and associated ecosystems.
       (B) Inclusions.--The term ``estuary habitat'' includes salt 
     and fresh water coastal marshes, coastal forested wetlands 
     and other coastal wetlands, maritime forests, coastal 
     grasslands, tidal flats, natural shoreline areas, shellfish 
     beds, sea grass meadows, kelp beds, river deltas, and river 
     and stream banks under tidal influence.
       (5) Estuary habitat restoration activity.--
       (A) In general.--The term ``estuary habitat restoration 
     activity'' means an activity that results in improving 
     degraded estuary habitat (including both physical and 
     functional restoration), with the goal of attaining a self-
     sustaining system integrated into the surrounding landscape.
       (B) Included activities.--The term ``estuary habitat 
     restoration activity'' includes--
       (i) the reestablishment of physical features and biological 
     and hydrologic functions;
       (ii) except as provided in subparagraph (C)(ii), the 
     cleanup of contamination related to the restoration of 
     estuary habitat;
       (iii) the control of non-native and invasive species;
       (iv) the reintroduction of native species through planting 
     or natural succession; and
       (v) other activities that improve estuary habitat.
       (C) Excluded activities.--The term ``estuary habitat 
     restoration activity'' does not include--
       (i) an act that constitutes mitigation for the adverse 
     effects of an activity regulated or otherwise governed by 
     Federal or State law; or
       (ii) an act that constitutes restitution for natural 
     resource damages required under any Federal or State law.
       (6) Estuary habitat restoration project.--The term 
     ``estuary habitat restoration project'' means an estuary 
     habitat restoration activity under consideration or selected 
     by the Collaborative Council, in accordance with this title, 
     to receive financial, technical, or another form of 
     assistance.
       (7) Estuary habitat restoration strategy.--The term 
     ``estuary habitat restoration strategy'' means the estuary 
     habitat restoration strategy developed under section 106(a).
       (8) Federal estuary management or habitat restoration 
     plan.--The term ``Federal estuary management or habitat 
     restoration plan'' means any Federal plan for restoration of 
     degraded estuary habitat that--
       (A) was developed by a public body with the substantial 
     participation of appropriate public and private stakeholders; 
     and
       (B) reflects a community-based planning process.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, or a designee.
       (10) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce, or a designee.

     SEC. 105. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

       (a) Collaborative Council.--There is established an 
     interagency council to be known as the ``Estuary Habitat 
     Restoration Collaborative Council''.
       (b) Membership.--
       (1) In general.--The Collaborative Council shall be 
     composed of the Secretary, the Under Secretary, the 
     Administrator of the Environmental Protection Agency, and the 
     Secretary of the Interior (acting through the Director of the 
     United States Fish and Wildlife Service), or their designees.
       (2) Chairperson; lead agency.--The Secretary, or designee, 
     shall chair the Collaborative Council, and the Department of 
     the Army shall serve as the lead agency.
       (c) Convening of Collaborative Council.--The Secretary 
     shall--
       (1) convene the first meeting of the Collaborative Council 
     not later than 30 days after the date of enactment of this 
     Act; and
       (2) convene additional meetings as often as appropriate to 
     ensure that this title is fully carried out, but not less 
     often than quarterly.
       (d) Collaborative Council Procedures.--
       (1) Quorum.--Three members of the Collaborative Council 
     shall constitute a quorum.
       (2) Voting and meeting procedures.--The Collaborative 
     Council shall establish procedures for voting and the conduct 
     of meetings by the Council.

     SEC. 106. DUTIES OF COLLABORATIVE COUNCIL.

       (a) Estuary Habitat Restoration Strategy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Collaborative Council, in 
     consultation with non-Federal participants, including 
     nonprofit sectors, as appropriate, shall develop an estuary 
     habitat restoration strategy designed to ensure a 
     comprehensive approach to the selection and prioritization of 
     estuary habitat restoration projects and the coordination of 
     Federal and non-Federal activities related to restoration of 
     estuary habitat.
       (2) Integration of previously authorized estuary habitat 
     restoration plans, programs, and partnerships.--In developing 
     the estuary habitat restoration strategy, the Collaborative 
     Council shall--
       (A) conduct a review of--
       (i) Federal estuary management or habitat restoration 
     plans; and
       (ii) Federal programs established under other law that 
     provide funding for estuary habitat restoration activities;
       (B) develop a set of proposals for--
       (i) using programs established under this Act or any other 
     Act to maximize the incentives for the creation of new 
     public-private partnerships to carry out estuary habitat 
     restoration projects; and
       (ii) using Federal resources to encourage increased private 
     sector involvement in estuary habitat restoration activities; 
     and
       (C) ensure that the estuary habitat restoration strategy is 
     developed and will be implemented in a manner that is 
     consistent with the findings and requirements of Federal 
     estuary management or habitat restoration plans.
       (3) Elements to be considered.--Consistent with the 
     requirements of this section, the Collaborative Council, in 
     the development of the estuary habitat restoration strategy, 
     shall consider--
       (A) the contributions of estuary habitat to--
       (i) wildlife, including endangered and threatened species, 
     migratory birds, and resident species of an estuary 
     watershed;
       (ii) fish and shellfish, including commercial and sport 
     fisheries;
       (iii) surface and ground water quality and quantity, and 
     flood control;
       (iv) outdoor recreation; and
       (v) other areas of concern that the Collaborative Council 
     determines to be appropriate for consideration;
       (B) the estimated historic losses, estimated current rate 
     of loss, and extent of the threat of future loss or 
     degradation of each type of estuary habitat; and
       (C) the most appropriate method for selecting a balance of 
     smaller and larger estuary habitat restoration projects.
       (4) Advice.--The Collaborative Council shall seek advice in 
     restoration of estuary habitat from experts in the private 
     and nonprofit sectors to assist in the development of an 
     estuary habitat restoration strategy.
       (5) Public review and comment.--Before adopting a final 
     estuary habitat restoration strategy, the Collaborative 
     Council shall publish in the Federal Register a draft of the 
     estuary habitat restoration strategy and provide an 
     opportunity for public review and comment.

[[Page S2005]]

       (b) Project Applications.--
       (1) In general.--An application for an estuary habitat 
     restoration project shall originate from a non-Federal 
     organization and shall require, when appropriate, the 
     approval of State or local agencies.
       (2) Factors to be taken into account.--In determining the 
     eligibility of an estuary habitat restoration project for 
     financial assistance under this title, the Collaborative 
     Council shall consider the following:
       (A) Whether the proposed estuary habitat restoration 
     project meets the criteria specified in the estuary habitat 
     restoration strategy.
       (B) The technical merit and feasibility of the proposed 
     estuary habitat restoration project.
       (C) Whether the non-Federal persons proposing the estuary 
     habitat restoration project provide satisfactory assurances 
     that they will have adequate personnel, funding, and 
     authority to carry out and properly maintain the estuary 
     habitat restoration project.
       (D) Whether, in the State in which a proposed estuary 
     habitat restoration project is to be carried out, there is a 
     State dedicated source of funding for programs to acquire or 
     restore estuary habitat, natural areas, and open spaces.
       (E) Whether the proposed estuary habitat restoration 
     project will encourage the increased coordination and 
     cooperation of Federal, State, and local government agencies.
       (F) The amount of private funds or in-kind contributions 
     for the estuary habitat restoration project.
       (G) Whether the proposed habitat restoration project 
     includes a monitoring plan to ensure that short-term and 
     long-term restoration goals are achieved.
       (H) Other factors that the Collaborative Council determines 
     to be reasonable and necessary for consideration.
       (3) Priority estuary habitat restoration projects.--An 
     estuary habitat restoration project shall be given a higher 
     priority in receipt of funding under this title if, in 
     addition to meeting the selection criteria specified in this 
     section--
       (A) the estuary habitat restoration project is part of an 
     approved Federal estuary management or habitat restoration 
     plan;
       (B) the non-Federal share with respect to the estuary 
     habitat restoration project exceeds 50 percent;
       (C) there is a program within the watershed of the estuary 
     habitat restoration project that addresses sources of water 
     pollution that would otherwise re-impair the restored 
     habitat; or
       (D) the estuary habitat restoration project includes--
       (i) pilot testing; or
       (ii) a demonstration of an innovative technology having 
     potential for improved cost-effectiveness in restoring--

       (I) the estuary that is the subject of the project; or
       (II) any other estuary.

       (c) Interim Actions.--
       (1) In general.--Pending completion of the estuary habitat 
     restoration strategy developed under subsection (a), the 
     Collaborative Council may pay the Federal share of the cost 
     of an interim action to carry out an estuary habitat 
     restoration activity.
       (2) Federal share.--The Federal share shall not exceed 25 
     percent.
       (d) Cooperation of Non-Federal Partners.--
       (1) In general.--The Collaborative Council shall not select 
     an estuary habitat restoration project until a non-Federal 
     interest has entered into a written agreement with the 
     Secretary in which it agrees to provide the required non-
     Federal cooperation for the project.
       (2) Nonprofit entities.--Notwithstanding section 221(b) of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
     project undertaken under this section, the Secretary may, 
     after coordination with the official responsible for the 
     political jurisdiction in which a project would occur, allow 
     a nonprofit entity to serve as the non-Federal interest.
       (3) Maintenance and monitoring.--A cooperation agreement 
     entered into under paragraph (1) shall provide for 
     maintenance and monitoring of the estuary habitat restoration 
     project to the extent determined necessary by the 
     Collaborative Council.
       (e) Lead Collaborative Council Member.--The Collaborative 
     Council shall designate a lead Collaborative Council member 
     for each proposed estuary habitat restoration project. The 
     lead Collaborative Council member shall have primary 
     responsibility for overseeing and assisting others in 
     implementing the proposed project.
       (f) Agency Consultation and Coordination.--In carrying out 
     this section, the Collaborative Council shall, as the 
     Collaborative Council determines it to be necessary, consult 
     with, cooperate with, and coordinate its activities with the 
     activities of other appropriate Federal agencies.
       (g) Benefits and Costs of Estuary Habitat Restoration 
     Projects.--The Collaborative Council shall evaluate the 
     benefits and costs of estuary habitat restoration projects in 
     accordance with section 907 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2284).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of the Army for the 
     administration and operation of the Collaborative Council 
     $4,000,000 for each of fiscal years 2001 through 2005.

     SEC. 107. COST SHARING OF ESTUARY HABITAT RESTORATION 
                   PROJECTS.

       (a) In General.--No financial assistance in carrying out an 
     estuary habitat restoration project shall be available under 
     this title from any Federal agency unless the non-Federal 
     applicant for assistance demonstrates that the estuary 
     habitat restoration project meets--
       (1) the requirements of this title; and
       (2) any criteria established by the Collaborative Council 
     under this title.
       (b) Federal Share.--The Federal share of the cost of an 
     estuary habitat restoration and protection project assisted 
     under this title shall be not more than 65 percent.
       (c) Non-Federal Share.--The non-Federal share of the cost 
     of an estuary habitat restoration project may be provided in 
     the form of land, easements, rights-of-way, services, or any 
     other form of in-kind contribution determined by the 
     Collaborative Council to be an appropriate contribution 
     equivalent to the monetary amount required for the non-
     Federal share of the estuary habitat restoration project.
       (d) Allocation of Funds by States to Political 
     Subdivisions.--With the approval of the Secretary, a State 
     may allocate to any local government, area-wide agency 
     designated under section 204 of the Demonstration Cities and 
     Metropolitan Development Act of 1966 (42 U.S.C. 3334), 
     regional agency, or interstate agency, a portion of any funds 
     disbursed in accordance with this title for the purpose of 
     carrying out an estuary habitat restoration project.
       (e) Innovative Technology Costs.--The Federal share of the 
     incremental additional cost of including in a project pilot 
     testing or a demonstration of an innovative technology 
     described in section 106(b)(3)(D) shall be 100 percent.

     SEC. 108. MONITORING AND MAINTENANCE OF ESTUARY HABITAT 
                   RESTORATION PROJECTS.

       (a) Database of Restoration Project Information.--The Under 
     Secretary shall maintain an appropriate database of 
     information concerning estuary habitat restoration projects 
     funded under this title, including information on project 
     techniques, project completion, monitoring data, and other 
     relevant information.
       (b) Report.--
       (1) In general.--The Collaborative Council shall biennially 
     submit a report to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives on the results 
     of activities carried out under this title.
       (2) Contents of report.--A report under paragraph (1) shall 
     include--
       (A) data on the number of acres of estuary habitat restored 
     under this title, including the number of projects approved 
     and completed that comprise those acres;
       (B) the percentage of restored estuary habitat monitored 
     under a plan to ensure that short-term and long-term 
     restoration goals are achieved;
       (C) an estimate of the long-term success of varying 
     restoration techniques used in carrying out estuary habitat 
     restoration projects;
       (D) a review of how the information described in 
     subparagraphs (A) through (C) has been incorporated in the 
     selection and implementation of estuary habitat restoration 
     projects;
       (E) a review of efforts made to maintain an appropriate 
     database of restoration projects funded under this title; and
       (F) a review of the measures taken to provide the 
     information described in subparagraphs (A) through (C) to 
     persons with responsibility for assisting in the restoration 
     of estuary habitat.

     SEC. 109. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

       In carrying out this title, the Collaborative Council may--
       (1) enter into cooperative agreements with Federal, State, 
     and local government agencies and other persons and entities; 
     and
       (2) execute such memoranda of understanding as are 
     necessary to reflect the agreements.

     SEC. 110. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT 
                   RESTORATION ACTIVITIES.

       The Secretary shall allocate funds made available to carry 
     out this title based on the need for the funds and such other 
     factors as are determined to be appropriate to carry out this 
     title.

     SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations Under Other Law.--Funds 
     authorized to be appropriated under section 908 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2285) and 
     section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330) may be used by the Secretary in accordance 
     with this title to assist States and other non-Federal 
     persons in carrying out estuary habitat restoration projects 
     or interim actions under section 106(c).
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out estuary 
     habitat restoration activities--
       (1) $40,000,000 for fiscal year 2001;
       (2) $50,000,000 for fiscal year 2002; and
       (3) $75,000,000 for each of fiscal years 2003 through 2005.

     SEC. 112. NATIONAL ESTUARY PROGRAM.

       (a) Grants for Comprehensive Conservation and Management 
     Plans.--Section

[[Page S2006]]

     320(g)(2) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(g)(2)) is amended by inserting ``and 
     implementation'' after ``development''.
       (b) Authorization of Appropriations.--Section 320(i) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330(i)) is 
     amended by striking ``1987'' and all that follows through 
     ``1991'' and inserting the following: ``1987 through 1991, 
     such sums as may be necessary for fiscal years 1992 through 
     2000, and $25,000,000 for each of fiscal years 2001 and 
     2002''.

     SEC. 113. GENERAL PROVISIONS.

       (a) Additional Authority for Army Corps of Engineers.--The 
     Secretary--
       (1) may carry out estuary habitat restoration projects in 
     accordance with this title; and
       (2) shall give estuary habitat restoration projects the 
     same consideration as projects relating to irrigation, 
     navigation, or flood control.
       (b) Inapplicability of Certain Law.--Sections 203, 204, and 
     205 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2231, 2232, 2233) shall not apply to an estuary habitat 
     restoration project selected in accordance with this title.
       (c) Estuary Habitat Restoration Mission.--The Secretary 
     shall establish restoration of estuary habitat as a primary 
     mission of the Army Corps of Engineers.
       (d) Federal Agency Facilities and Personnel.--
       (1) In general.--Federal agencies may cooperate in carrying 
     out scientific and other programs necessary to carry out this 
     title, and may provide facilities and personnel, for the 
     purpose of assisting the Collaborative Council in carrying 
     out its duties under this title.
       (2) Reimbursement from collaborative council.--Federal 
     agencies may accept reimbursement from the Collaborative 
     Council for providing services, facilities, and personnel 
     under paragraph (1).
       (e) Administrative Expenses and Staffing.--Not later than 
     180 days after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress and the Secretary an analysis of the extent to which 
     the Collaborative Council needs additional personnel and 
     administrative resources to fully carry out its duties under 
     this title. The analysis shall include recommendations 
     regarding necessary additional funding.

                  TITLE II--CHESAPEAKE BAY RESTORATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Chesapeake Bay Restoration 
     Act of 2000''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Chesapeake Bay is a national treasure and a 
     resource of worldwide significance;
       (2) over many years, the productivity and water quality of 
     the Chesapeake Bay and its watershed were diminished by 
     pollution, excessive sedimentation, shoreline erosion, the 
     impacts of population growth and development in the 
     Chesapeake Bay watershed, and other factors;
       (3) the Federal Government (acting through the 
     Administrator of the Environmental Protection Agency), the 
     Governor of the State of Maryland, the Governor of the 
     Commonwealth of Virginia, the Governor of the Commonwealth of 
     Pennsylvania, the Chairperson of the Chesapeake Bay 
     Commission, and the Mayor of the District of Columbia, as 
     Chesapeake Bay Agreement signatories, have committed to a 
     comprehensive cooperative program to achieve improved water 
     quality and improvements in the productivity of living 
     resources of the Bay;
       (4) the cooperative program described in paragraph (3) 
     serves as a national and international model for the 
     management of estuaries; and
       (5) there is a need to expand Federal support for 
     monitoring, management, and restoration activities in the 
     Chesapeake Bay and the tributaries of the Bay in order to 
     meet and further the original and subsequent goals and 
     commitments of the Chesapeake Bay Program.
       (b) Purposes.--The purposes of this title are--
       (1) to expand and strengthen cooperative efforts to restore 
     and protect the Chesapeake Bay; and
       (2) to achieve the goals established in the Chesapeake Bay 
     Agreement.

     SEC. 203. CHESAPEAKE BAY RESTORATION.

       The Federal Water Pollution Control Act is amended by 
     striking section 117 (33 U.S.C. 1267) and inserting the 
     following:

     ``SEC. 117. CHESAPEAKE BAY.

       ``(a) Definitions.--In this section:
       ``(1) Administrative cost.--The term `administrative cost' 
     means the cost of salaries and fringe benefits incurred in 
     administering a grant under this section.
       ``(2) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the Chesapeake Bay 
     ecosystem and signed by the Chesapeake Executive Council.
       ``(3) Chesapeake bay ecosystem.--The term `Chesapeake Bay 
     ecosystem' means the ecosystem of the Chesapeake Bay and its 
     watershed.
       ``(4) Chesapeake bay program.--The term `Chesapeake Bay 
     Program' means the program directed by the Chesapeake 
     Executive Council in accordance with the Chesapeake Bay 
     Agreement.
       ``(5) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the signatories to the Chesapeake 
     Bay Agreement.
       ``(6) Signatory jurisdiction.--The term `signatory 
     jurisdiction' means a jurisdiction of a signatory to the 
     Chesapeake Bay Agreement.
       ``(b) Continuation of Chesapeake Bay Program.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council (and as a member of the Council), the 
     Administrator shall continue the Chesapeake Bay Program.
       ``(2) Program office.--
       ``(A) In general.--The Administrator shall maintain in the 
     Environmental Protection Agency a Chesapeake Bay Program 
     Office.
       ``(B) Function.--The Chesapeake Bay Program Office shall 
     provide support to the Chesapeake Executive Council by--
       ``(i) implementing and coordinating science, research, 
     modeling, support services, monitoring, data collection, and 
     other activities that support the Chesapeake Bay Program;
       ``(ii) developing and making available, through 
     publications, technical assistance, and other appropriate 
     means, information pertaining to the environmental quality 
     and living resources of the Chesapeake Bay ecosystem;
       ``(iii) in cooperation with appropriate Federal, State, and 
     local authorities, assisting the signatories to the 
     Chesapeake Bay Agreement in developing and implementing 
     specific action plans to carry out the responsibilities of 
     the signatories to the Chesapeake Bay Agreement;
       ``(iv) coordinating the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies to--

       ``(I) improve the water quality and living resources in the 
     Chesapeake Bay ecosystem; and
       ``(II) obtain the support of the appropriate officials of 
     the agencies and authorities in achieving the objectives of 
     the Chesapeake Bay Agreement; and

       ``(v) implementing outreach programs for public 
     information, education, and participation to foster 
     stewardship of the resources of the Chesapeake Bay.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into an interagency agreement with a Federal agency to carry 
     out this section.
       ``(d) Technical Assistance and Assistance Grants.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council, the Administrator may provide technical 
     assistance, and assistance grants, to nonprofit 
     organizations, State and local governments, colleges, 
     universities, and interstate agencies to carry out this 
     section, subject to such terms and conditions as the 
     Administrator considers appropriate.
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of an assistance grant provided under 
     paragraph (1) shall be determined by the Administrator in 
     accordance with guidance issued by the Administrator.
       ``(B) Small watershed grants program.--The Federal share of 
     an assistance grant provided under paragraph (1) to carry out 
     an implementing activity under subsection (g)(2) shall not 
     exceed 75 percent of eligible project costs, as determined by 
     the Administrator.
       ``(3) Non-federal share.--An assistance grant under 
     paragraph (1) shall be provided on the condition that non-
     Federal sources provide the remainder of eligible project 
     costs, as determined by the Administrator.
       ``(4) Administrative costs.--Administrative costs shall not 
     exceed 10 percent of the annual grant award.
       ``(e) Implementation and Monitoring Grants.--
       ``(1) In general.--If a signatory jurisdiction has approved 
     and committed to implement all or substantially all aspects 
     of the Chesapeake Bay Agreement, on the request of the chief 
     executive of the jurisdiction, the Administrator--
       ``(A) shall make a grant to the jurisdiction for the 
     purpose of implementing the management mechanisms established 
     under the Chesapeake Bay Agreement, subject to such terms and 
     conditions as the Administrator considers appropriate; and
       ``(B) may make a grant to a signatory jurisdiction for the 
     purpose of monitoring the Chesapeake Bay ecosystem.
       ``(2) Proposals.--
       ``(A) In general.--A signatory jurisdiction described in 
     paragraph (1) may apply for a grant under this subsection for 
     a fiscal year by submitting to the Administrator a 
     comprehensive proposal to implement management mechanisms 
     established under the Chesapeake Bay Agreement.
       ``(B) Contents.--A proposal under subparagraph (A) shall 
     include--
       ``(i) a description of proposed management mechanisms that 
     the jurisdiction commits to take within a specified time 
     period, such as reducing or preventing pollution in the 
     Chesapeake Bay and its watershed or meeting applicable water 
     quality standards or established goals and objectives under 
     the Chesapeake Bay Agreement; and
       ``(ii) the estimated cost of the actions proposed to be 
     taken during the fiscal year.
       ``(3) Approval.--If the Administrator finds that the 
     proposal is consistent with the

[[Page S2007]]

     Chesapeake Bay Agreement and the national goals established 
     under section 101(a), the Administrator may approve the 
     proposal for a grant award.
       ``(4) Federal share.--The Federal share of an 
     implementation grant under this subsection shall not exceed 
     50 percent of the cost of implementing the management 
     mechanisms during the fiscal year.
       ``(5) Non-federal share.--An implementation grant under 
     this subsection shall be made on the condition that non-
     Federal sources provide the remainder of the costs of 
     implementing the management mechanisms during the fiscal 
     year.
       ``(6) Administrative costs.--Administrative costs shall not 
     exceed 10 percent of the annual grant award.
       ``(7) Reporting.--On or before October 1 of each fiscal 
     year, the Administrator shall make available to the public a 
     document that lists and describes, in the greatest 
     practicable degree of detail--
       ``(A) all projects and activities funded for the fiscal 
     year;
       ``(B) the goals and objectives of projects funded for the 
     previous fiscal year; and
       ``(C) the net benefits of projects funded for previous 
     fiscal years.
       ``(f) Federal Facilities and Budget Coordination.--
       ``(1) Subwatershed planning and restoration.--A Federal 
     agency that owns or operates a facility (as defined by the 
     Administrator) within the Chesapeake Bay watershed shall 
     participate in regional and subwatershed planning and 
     restoration programs.
       ``(2) Compliance with agreement.--The head of each Federal 
     agency that owns or occupies real property in the Chesapeake 
     Bay watershed shall ensure that the property, and actions 
     taken by the agency with respect to the property, comply with 
     the Chesapeake Bay Agreement, the Federal Agencies Chesapeake 
     Ecosystem Unified Plan, and any subsequent agreements and 
     plans.
       ``(3) Budget coordination.--
       ``(A) In general.--As part of the annual budget submission 
     of each Federal agency with projects or grants related to 
     restoration, planning, monitoring, or scientific 
     investigation of the Chesapeake Bay ecosystem, the head of 
     the agency shall submit to the President a report that 
     describes plans for the expenditure of the funds under this 
     section.
       ``(B) Disclosure to the council.--The head of each agency 
     referred to in subparagraph (A) shall disclose the report 
     under that subparagraph with the Chesapeake Executive Council 
     as appropriate.
       ``(g) Chesapeake Bay Program.--
       ``(1) Management strategies.--The Administrator, in 
     coordination with other members of the Chesapeake Executive 
     Council, shall ensure that management plans are developed and 
     implementation is begun by signatories to the Chesapeake Bay 
     Agreement to achieve and maintain--
       ``(A) the nutrient goals of the Chesapeake Bay Agreement 
     for the quantity of nitrogen and phosphorus entering the 
     Chesapeake Bay and its watershed;
       ``(B) the water quality requirements necessary to restore 
     living resources in the Chesapeake Bay ecosystem;
       ``(C) the Chesapeake Bay Basinwide Toxins Reduction and 
     Prevention Strategy goal of reducing or eliminating the input 
     of chemical contaminants from all controllable sources to 
     levels that result in no toxic or bioaccumulative impact on 
     the living resources of the Chesapeake Bay ecosystem or on 
     human health;
       ``(D) habitat restoration, protection, and enhancement 
     goals established by Chesapeake Bay Agreement signatories for 
     wetlands, riparian forests, and other types of habitat 
     associated with the Chesapeake Bay ecosystem; and
       ``(E) the restoration, protection, and enhancement goals 
     established by the Chesapeake Bay Agreement signatories for 
     living resources associated with the Chesapeake Bay 
     ecosystem.
       ``(2) Small watershed grants program.--The Administrator, 
     in cooperation with the Chesapeake Executive Council, shall--
       ``(A) establish a small watershed grants program as part of 
     the Chesapeake Bay Program; and
       ``(B) offer technical assistance and assistance grants 
     under subsection (d) to local governments and nonprofit 
     organizations and individuals in the Chesapeake Bay region to 
     implement--
       ``(i) cooperative tributary basin strategies that address 
     the water quality and living resource needs in the Chesapeake 
     Bay ecosystem; and
       ``(ii) locally based protection and restoration programs or 
     projects within a watershed that complement the tributary 
     basin strategies.
       ``(h) Study of Chesapeake Bay Program.--
       ``(1) In general.--Not later than April 22, 2001, and every 
     5 years thereafter, the Administrator, in coordination with 
     the Chesapeake Executive Council, shall complete a study and 
     submit to Congress a comprehensive report on the results of 
     the study.
       ``(2) Requirements.--The study and report shall--
       ``(A) assess the state of the Chesapeake Bay ecosystem;
       ``(B) assess the appropriateness of commitments and goals 
     of the Chesapeake Bay Program and the management strategies 
     established under the Chesapeake Bay Agreement for improving 
     the state of the Chesapeake Bay ecosystem;
       ``(C) assess the effectiveness of management strategies 
     being implemented on the date of enactment of this subsection 
     and the extent to which the priority needs are being met;
       ``(D) make recommendations for the improved management of 
     the Chesapeake Bay Program either by strengthening strategies 
     being implemented on the date of enactment of this subsection 
     or by adopting new strategies; and
       ``(E) be presented in such a format as to be readily 
     transferable to and usable by other watershed restoration 
     programs.
       ``(i) Special Study of Living Resource Response.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator shall 
     commence a 5-year special study with full participation of 
     the scientific community of the Chesapeake Bay to establish 
     and expand understanding of the response of the living 
     resources of the Chesapeake Bay ecosystem to improvements in 
     water quality that have resulted from investments made 
     through the Chesapeake Bay Program.
       ``(2) Requirements.--The study shall--
       ``(A) determine the current status and trends of living 
     resources, including grasses, benthos, phytoplankton, 
     zooplankton, fish, and shellfish;
       ``(B) establish to the extent practicable the rates of 
     recovery of the living resources in response to improved 
     water quality condition;
       ``(C) evaluate and assess interactions of species, with 
     particular attention to the impact of changes within and 
     among trophic levels; and
       ``(D) recommend management actions to optimize the return 
     of a healthy and balanced ecosystem in response to 
     improvements in the quality and character of the waters of 
     the Chesapeake Bay.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     each of fiscal years 2001 through 2006.''.

                      TITLE III--LONG ISLAND SOUND

     SEC. 301. REAUTHORIZATION.

       Section 119(e) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1269(e)) is amended--
       (1) in paragraph (1), by striking ``1991 through 2001'' and 
     inserting ``2001 through 2006''; and
       (2) in paragraph (2), by striking ``not to exceed 
     $3,000,000 for each of the fiscal years 1991 through 2001'' 
     and inserting ``not to exceed $10,000,000 for each of fiscal 
     years 2001 through 2006''.

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