		I
		111th CONGRESS
		1st Session
		H. R. 1670
		IN THE HOUSE OF REPRESENTATIVES

			March 23, 2009
			Mr. Davis of Illinois
			 (for himself, Mr. Payne,
			 Mrs. Christensen,
			 Mr. Brady of Pennsylvania,
			 Ms. Lee of California,
			 Mr. Meeks of New York,
			 Mr. Carney,
			 Mr. Doyle,
			 Mr. Larson of Connecticut,
			 Mr. Moore of Kansas,
			 Mr. Hinchey,
			 Mr. Kucinich,
			 Mr. Lewis of Georgia,
			 Ms. Baldwin,
			 Mr. Cohen,
			 Mr. Fattah,
			 Ms. DeLauro,
			 Mr. Israel,
			 Ms. Kaptur,
			 Mr. Kind, Mr. Langevin, Mr.
			 Olver, Ms. Loretta Sanchez of
			 California, Ms. Schwartz,
			 Mr. Sestak, and
			 Ms. Velázquez) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend title XIX of the Social Security Act to provide
		  individuals with disabilities and older Americans with equal access to
		  community-based attendant services and supports, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Community Choice Act of
			 2009.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings and purposes.
					Title I—Establishment of Medicaid plan benefit
					Sec. 101. Coverage of community-based attendant services and
				supports under the Medicaid program.
					Sec. 102. Enhanced FMAP for ongoing activities of early
				coverage States that enhance and promote the use of community-based attendant
				services and supports.
					Sec. 103. Increased Federal financial participation for certain
				expenditures.
					Title II—Promotion of systems change and capacity
				building
					Sec. 201. Grants to promote systems change and capacity
				building.
					Sec. 202. Demonstration project to enhance coordination of care
				under the Medicare and Medicaid programs for dual eligible
				individuals.

			2.Findings and
			 purposes
			(a)FindingsCongress
			 makes the following findings:
				(1)Long-term services
			 and supports provided under the Medicaid program established under title XIX of
			 the Social Security Act (42 U.S.C. 1396 et seq.) must meet the abilities and
			 life choices of individuals with disabilities and older Americans, including
			 the choice to live in one's own home or with one's own family and to become a
			 productive member of the community.
				(2)Similarly, under
			 the United States Supreme Court’s decision in Olmstead v. L.C., 527 U.S. 581
			 (1999), individuals with disabilities have the right to choose to receive their
			 long-term services and supports in the community, rather than in an
			 institutional setting.
				(3)Nevertheless,
			 research on the provision of long-term services and supports under the Medicaid
			 program (conducted by and on behalf of the Department of Health and Human
			 Services) continues to show a significant funding and programmatic bias toward
			 institutional care. In 2007, only 42 percent of long-term care funds expended
			 under the Medicaid program, and only about 13.6 percent of all funds expended
			 under that program, pay for services and supports in home and community-based
			 settings.
				(4)While much effort
			 has been dedicated to rebalancing the current system, overall
			 about 60 percent of Medicaid long-term care dollars are still spent on
			 institutional services, with about 40 percent going to home and community-based
			 services. In 2007, only 11 States spent 50 percent or more of their Medicaid
			 long-term care funds on home and community-based care.
				(5)The statistics are
			 even more disproportionate for adults with physical disabilities. In 2007, 69
			 percent of Medicaid long-term care spending for older people and adults with
			 physical disabilities paid for institutional services. Only 6 States spent 50
			 percent or more of their Medicaid long-term care dollars on home and
			 community-based services for older people and adults with physical disabilities
			 while ½ of the States spent less than 25 percent. This disparity continues even
			 though, on average, it is estimated that Medicaid dollars can support nearly 3
			 older people and adults with physical disabilities in home and community-based
			 services for every person in a nursing home.
				(6)For Medicaid
			 beneficiaries who need long-term care, services provided in an institutional
			 setting represent the only guaranteed benefit. Only 30 States have adopted the
			 benefit option of providing personal care, or attendant, services under their
			 Medicaid programs.
				(7)Although every
			 State has chosen to provide certain services under home and community-based
			 waivers, these services are unevenly available within and across States, and
			 reach a small percentage of eligible individuals. Individuals with the most
			 significant disabilities are usually afforded the least amount of choice,
			 despite advances in medical and assistive technologies and related
			 areas.
				(8)Despite the more
			 limited funding for home and community-based services, the majority of
			 individuals who use Medicaid long-term services and supports prefer to live in
			 the community, rather than in institutional settings.
				(9)The goals of the
			 Nation properly include providing families of children with disabilities,
			 working-age adults with disabilities, and older Americans with—
					(A)a meaningful choice
			 of receiving long-term services and supports in the most integrated setting
			 appropriate to the individual's needs;
					(B)the greatest
			 possible control over the services received and, therefore, their own lives and
			 futures; and
					(C)quality services
			 that maximize independence in the home and community.
					(b)PurposesThe
			 purposes of this Act are the following:
				(1)To reform the
			 Medicaid program established under title XIX of the Social Security Act (42
			 U.S.C. 1396 et seq.) to provide services in the most integrated setting
			 appropriate to the individual's needs, and to provide equal access to
			 community-based attendant services and supports in order to assist individuals
			 in achieving equal opportunity, full participation, independent living, and
			 economic self-sufficiency.
				(2)To provide
			 financial assistance to States as they reform their long-term care systems to
			 provide comprehensive statewide long-term services and supports, including
			 community-based attendant services and supports that provide consumer choice
			 and direction, in the most integrated setting appropriate.
				(3)To assist States
			 in meeting the growing demand for community-based attendant services and
			 supports, as the Nation's population ages and individuals with disabilities
			 live longer.
				(4)To
			 assist States in complying with the U.S. Supreme Court decision in Olmstead v.
			 L.C., 527 U.S. 581 (1999), and implementing the integration mandate of the
			 Americans with Disabilities Act.
				IEstablishment of
			 Medicaid plan benefit
			101.Coverage of
			 community-based attendant services and supports under the Medicaid
			 program
				(a)Mandatory
			 coverageSection 1902(a)(10)(D) of the Social Security Act (42
			 U.S.C. 1396a(a)(10)(D)) is amended—
					(1)by inserting
			 (i) after (D);
					(2)by adding
			 and after the semicolon; and
					(3)by adding at the
			 end the following new clause:

							(ii)subject to
				section 1943, for the inclusion of community-based attendant services and
				supports for any individual who—
								(I)is eligible for
				medical assistance under the State plan;
								(II)with respect to
				whom there has been a determination that the individual requires the level of
				care provided in a nursing facility, institution for mental diseases, or an
				intermediate care facility for the mentally retarded (whether or not coverage
				of such institution or intermediate care facility is provided under the State
				plan); and
								(III)chooses to
				receive such services and
				supports;
								.
					(b)Community-based
			 attendant services and supports
					(1)In
			 generalTitle XIX of the Social Security Act (42 U.S.C. 1396 et
			 seq.) is amended by adding at the end the following new section:

							1943.Community-based attendant services and
		  supports(a)Required
				coverage
									(1)In
				generalNot later than October 1, 2014, a State shall provide
				through a plan amendment for the inclusion of community-based attendant
				services and supports (as defined in subsection (g)(1)) for individuals
				described in section 1902(a)(10)(D)(ii) in accordance with this section.
									(2)Enhanced FMAP
				and additional Federal financial support for earlier
				coverageNotwithstanding section 1905(b), during the period that
				begins on October 1, 2009, and ends on September 30, 2014, in the case of a
				State with an approved plan amendment under this section during that period
				that also satisfies the requirements of subsection (c) the Federal medical
				assistance percentage shall be equal to the enhanced FMAP described in section
				2105(b) with respect to medical assistance in the form of community-based
				attendant services and supports provided to individuals described in section
				1902(a)(10)(D)(ii) in accordance with this section on or after the date of the
				approval of such plan amendment.
									(b)Development and
				implementation of benefitIn order for a State plan amendment to
				be approved under this section, a State shall provide the Secretary with the
				following assurances:
									(1)Assurance of
				development and implementation collaboration
										(A)In
				generalThat State plan amendment—
											(i)has been developed
				in collaboration with, and with the approval of, a Development and
				Implementation Council established by the State that satisfies the requirements
				of subparagraph (B); and
											(ii)will be implemented
				in collaboration with such Council and on the basis of public input solicited
				by the State and the Council.
											(B)Development and
				implementation council requirementsFor purposes of subparagraph
				(A), the requirements of this subparagraph are that—
											(i)the
				majority of the members of the Development and Implementation Council are
				individuals with disabilities, elderly individuals, and their representatives;
				and
											(ii)in carrying out
				its responsibilities, the Council actively collaborates with—
												(I)individuals with
				disabilities;
												(II)elderly
				individuals;
												(III)representatives
				of such individuals; and
												(IV)providers of, and
				advocates for, services and supports for such individuals.
												(2)Assurance of
				provision on a statewide basis and in most integrated
				settingThat consumer controlled community-based attendant
				services and supports will be provided under the State plan to individuals
				described in section 1902(a)(10)(D)(ii) on a statewide basis and in a manner
				that provides such services and supports in the most integrated setting
				appropriate to the individual's needs.
									(3)Assurance of
				nondiscriminationThat the State will provide community-based
				attendant services and supports to an individual described in section
				1902(a)(10)(D)(ii) without regard to the individual's age, type or nature of
				disability, severity of disability, or the form of community-based attendant
				services and supports that the individual requires in order to lead an
				independent life.
									(4)Assurance of
				maintenance of effortThat the level of State expenditures for
				medical assistance that is provided under section 1905(a), section 1915,
				section 1115, or otherwise to individuals with disabilities or elderly
				individuals for a fiscal year shall not be less than the level of such
				expenditures for the fiscal year preceding the first full fiscal year in which
				the State plan amendment to provide community-based attendant services and
				supports in accordance with this section is implemented.
									(c)Requirements for
				enhanced FMAP for early coverageIn addition to satisfying the
				other requirements for an approved plan amendment under this section, in order
				for a State to be eligible under subsection (a)(2) during the period described
				in that subsection for the enhanced FMAP for early coverage under subsection
				(a)(2), the State shall satisfy the following requirements:
									(1)SpecificationsWith
				respect to a fiscal year, the State shall provide the Secretary with the
				following specifications regarding the provision of community-based attendant
				services and supports under the plan for that fiscal year:
										(A)(i)The number of
				individuals who are estimated to receive community-based attendant services and
				supports under the plan during the fiscal year.
											(ii)The number of individuals that
				received such services and supports during the preceding fiscal year.
											(B)The maximum number
				of individuals who will receive such services and supports under the plan
				during that fiscal year.
										(C)The procedures the
				State will implement to ensure that the models for delivery of such services
				and supports are consumer controlled (as defined in subsection
				(g)(2)(B)).
										(D)The procedures the
				State will implement to inform all potentially eligible individuals and
				relevant other individuals of the availability of such services and supports
				under this title, and of other items and services that may be provided to the
				individual under this title or title XVIII and other Federal or State long-term
				service and support programs.
										(E)The procedures the
				State will implement to ensure that such services and supports are provided in
				accordance with the requirements of subsection (b)(1).
										(F)The procedures the
				State will implement to actively involve in a systematic, comprehensive, and
				ongoing basis, the Development and Implementation Council established in
				accordance with subsection (b)(1)(A)(ii), individuals with disabilities,
				elderly individuals, and representatives of such individuals in the design,
				delivery, administration, implementation, and evaluation of the provision of
				such services and supports under this title.
										(2)Participation in
				evaluationsThe State shall provide the Secretary with such
				substantive input into, and participation in, the design and conduct of data
				collection, analyses, and other qualitative or quantitative evaluations of the
				provision of community-based attendant services and supports under this section
				as the Secretary deems necessary in order to determine the effectiveness of the
				provision of such services and supports in allowing the individuals receiving
				such services and supports to lead an independent life to the maximum extent
				possible.
									(d)Quality
				assurance
									(1)State
				responsibilitiesIn order for a State plan amendment to be
				approved under this section, a State shall establish and maintain a
				comprehensive, continuous quality assurance system with respect to
				community-based attendant services and supports that provides for the
				following:
										(A)The State shall
				establish requirements, as appropriate, for agency-based and other delivery
				models that include—
											(i)minimum
				qualifications and training requirements for agency-based and other
				models;
											(ii)financial
				operating standards; and
											(iii)an appeals
				procedure for eligibility denials and a procedure for resolving disagreements
				over the terms of an individualized plan.
											(B)The State shall
				modify the quality assurance system, as appropriate, to maximize consumer
				independence and consumer control in both agency-provided and other delivery
				models.
										(C)The State shall
				provide a system that allows for the external monitoring of the quality of
				services and supports by entities consisting of consumers and their
				representatives, disability organizations, providers, families of disabled or
				elderly individuals, members of the community, and others.
										(D)The State shall
				provide for ongoing monitoring of the health and well-being of each individual
				who receives community-based attendant services and supports.
										(E)The State shall
				require that quality assurance mechanisms pertaining to the individual be
				included in the individual's written plan.
										(F)The State shall
				establish a process for the mandatory reporting, investigation, and resolution
				of allegations of neglect, abuse, or exploitation in connection with the
				provision of such services and supports.
										(G)The State shall
				obtain meaningful consumer input, including consumer surveys, that measure the
				extent to which an individual receives the services and supports described in
				the individual's plan and the individual's satisfaction with such services and
				supports.
										(H)The State shall
				make available to the public the findings of the quality assurance
				system.
										(I)The State shall
				establish an ongoing public process for the development, implementation, and
				review of the State's quality assurance system.
										(J)The State shall
				develop and implement a program of sanctions for providers of community-based
				services and supports that violate the terms or conditions for the provision of
				such services and supports.
										(2)Federal
				responsibilities
										(A)Periodic
				evaluationsThe Secretary shall conduct a periodic sample review
				of outcomes for individuals who receive community-based attendant services and
				supports under this title.
										(B)InvestigationsThe
				Secretary may conduct targeted reviews and investigations upon receipt of an
				allegation of neglect, abuse, or exploitation of an individual receiving
				community-based attendant services and supports under this section.
										(C)Development of
				provider sanction guidelinesThe Secretary shall develop
				guidelines for States to use in developing the sanctions required under
				paragraph (1)(J).
										(e)ReportsThe
				Secretary shall submit to Congress periodic reports on the provision of
				community-based attendant services and supports under this section,
				particularly with respect to the impact of the provision of such services and
				supports on—
									(1)individuals
				eligible for medical assistance under this title;
									(2)States; and
									(3)the Federal
				Government.
									(f)No effect on
				ability To provide coverage
									(1)In
				generalNothing in this section shall be construed as affecting
				the ability of a State to provide coverage under the State plan for
				community-based attendant services and supports (or similar coverage) under
				section 1905(a), section 1915, section 1115, or otherwise.
									(2)Eligibility for
				enhanced matchIn the case of a State that provides coverage for
				such services and supports under a waiver, the State shall not be eligible
				under subsection (a)(2) for the enhanced FMAP for the early provision of such
				coverage unless the State submits a plan amendment to the Secretary that meets
				the requirements of this section and demonstrates that the State is able to
				fully comply with and implement the requirements of this section.
									(g)DefinitionsIn
				this title:
									(1)Community-based
				attendant services and supports
										(A)In
				generalThe term community-based attendant services and
				supports means attendant services and supports furnished to an
				individual, as needed, to assist in accomplishing activities of daily living,
				instrumental activities of daily living, and health-related tasks through
				hands-on assistance, supervision, or cueing—
											(i)under a plan of
				services and supports that is based on an assessment of functional need and
				that is agreed to in writing by the individual or, as appropriate, the
				individual's representative;
											(ii)in
				a home or community setting, which shall include but not be limited to a
				school, workplace, or recreation or religious facility, but does not include a
				nursing facility, institution for mental diseases, or an intermediate care
				facility for the mentally retarded;
											(iii)under an
				agency-provider model or other model (as defined in paragraph (2)(C));
											(iv)the furnishing of
				which—
												(I)is selected,
				managed, and dismissed by the individual, or, as appropriate, with assistance
				from the individual's representative; and
												(II)provided by an
				individual who is qualified to provide such services, including family members
				(as defined by the Secretary).
												(B)Included
				services and supportsSuch term includes—
											(i)tasks necessary to
				assist an individual in accomplishing activities of daily living, instrumental
				activities of daily living, and health-related tasks;
											(ii)the
				acquisition, maintenance, and enhancement of skills necessary for the
				individual to accomplish activities of daily living, instrumental activities of
				daily living, and health-related tasks;
											(iii)backup systems or
				mechanisms (such as the use of beepers) to ensure continuity of services and
				supports; and
											(iv)voluntary
				training on how to select, manage, and dismiss attendants.
											(C)Excluded
				services and supportsSubject to subparagraph (D), such term does
				not include—
											(i)the provision of
				room and board for the individual;
											(ii)special education
				and related services provided under the Individuals with Disabilities Education
				Act and vocational rehabilitation services provided under the Rehabilitation
				Act of 1973;
											(iii)assistive
				technology devices and assistive technology services;
											(iv)durable medical
				equipment; or
											(v)home
				modifications.
											(D)Flexibility in
				transition to community-based home settingSuch term may include
				expenditures for transitional costs, such as rent and utility deposits, first
				month's rent and utilities, bedding, basic kitchen supplies, and other
				necessities required for an individual to make the transition from a nursing
				facility, institution for mental diseases, or intermediate care facility for
				the mentally retarded to a community-based home setting where the individual
				resides.
										(2)Additional
				definitions
										(A)Activities of
				daily livingThe term activities of daily living
				includes eating, toileting, grooming, dressing, bathing, and
				transferring.
										(B)Consumer
				controlledThe term consumer controlled means a
				method of selecting and providing services and supports that allow the
				individual, or where appropriate, the individual's representative, maximum
				control of the community-based attendant services and supports, regardless of
				who acts as the employer of record.
										(C)Delivery
				models
											(i)Agency-provider
				modelThe term agency-provider model means, with
				respect to the provision of community-based attendant services and supports for
				an individual, subject to clause (iii), a method of providing consumer
				controlled services and supports under which entities contract for the
				provision of such services and supports.
											(ii)Other
				modelsThe term other models means, subject to
				clause (iii), methods, other than an agency-provider model, for the provision
				of consumer controlled services and supports. Such models may include the
				provision of vouchers, direct cash payments, or use of a fiscal agent to assist
				in obtaining services.
											(iii)Compliance
				with certain lawsA State shall ensure that, regardless of
				whether the State uses an agency-provider model or other models to provide
				services and supports under a State plan amendment under this section, such
				services and supports are provided in accordance with the requirements of the
				Fair Labor Standards Act of 1938 and applicable Federal and State laws
				regarding—
												(I)withholding and
				payment of Federal and State income and payroll taxes;
												(II)the provision of
				unemployment and workers compensation insurance;
												(III)maintenance of
				general liability insurance; and
												(IV)occupational
				health and safety.
												(D)Health-related
				tasksThe term health-related tasks means specific
				tasks that can be delegated or assigned by licensed health-care professionals
				under State law to be performed by an attendant.
										(E)Instrumental
				activities of daily livingThe term instrumental activities
				of daily living includes, but is not limited to, meal planning and
				preparation, managing finances, shopping for food, clothing, and other
				essential items, performing essential household chores, communicating by phone
				and other media, and traveling around and participating in the
				community.
										(F)Individuals
				representativeThe term individual's representative
				means a parent, a family member, a guardian, an advocate, or other authorized
				representative of an
				individual.
										.
					(c)Conforming
			 amendments
					(1)Mandatory
			 benefitSection 1902(a)(10)(A) of the Social Security Act (42
			 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by
			 striking (17) and (21) and inserting (17), (21), and
			 (28).
					(2)Definition of
			 medical assistanceSection 1905(a) of the Social Security Act (42
			 U.S.C. 1396d) is amended—
						(A)by striking
			 and at the end of paragraph (27);
						(B)by redesignating
			 paragraph (28) as paragraph (29); and
						(C)by inserting after
			 paragraph (27) the following:

								(28)community-based
				attendant services and supports (to the extent allowed and as defined in
				section 1943);
				and
								.
						(3)IMD/ICFMR
			 requirementsSection 1902(a)(10)(C)(iv) of the Social Security
			 Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by inserting “and (28)” after
			 “(24)”.
					(d)Effective
			 dates
					(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section (other than the amendment made by subsection (c)(1)) take
			 effect on October 1, 2009, and apply to medical assistance provided for
			 community-based attendant services and supports described in section 1943 of
			 the Social Security Act furnished on or after that date.
					(2)Mandatory
			 benefitThe amendment made by subsection (c)(1) takes effect on
			 October 1, 2014.
					102.Enhanced FMAP
			 for ongoing activities of early coverage States that enhance and promote the
			 use of community-based attendant services and supports
				(a)In
			 generalSection 1943 of the Social Security Act, as added by
			 section 101(b), is amended—
					(1)by redesignating
			 subsections (d) through (g) as subsections (f) through (i),
			 respectively;
					(2)in subsection
			 (a)(1), by striking subsection (g)(1) and inserting
			 subsection (i)(1);
					(3)in subsection
			 (a)(2), by inserting , and with respect to expenditures described in
			 subsection (d), the Secretary shall pay the State the amount described in
			 subsection (d)(1) before the period;
					(4)in subsection
			 (c)(1)(C), by striking subsection (g)(2)(B) and inserting
			 subsection (i)(2)(B); and
					(5)by inserting after
			 subsection (c), the following:

							(d)Increased
				Federal financial participation for early coverage States that meet certain
				benchmarks
								(1)In
				generalSubject to paragraph (2), for purposes of subsection
				(a)(2), the amount and expenditures described in this subsection are an amount
				equal to the Federal medical assistance percentage, increased by 10 percentage
				points, of the expenditures incurred by the State for the provision or conduct
				of the services or activities described in paragraph (3).
								(2)Expenditure
				criteriaA State shall—
									(A)develop criteria
				for determining the expenditures described in paragraph (1) in collaboration
				with the individuals and representatives described in subsection (b)(1);
				and
									(B)submit such
				criteria for approval by the Secretary.
									(3)Services,
				supports and activities describedFor purposes of paragraph (1),
				the services, supports and activities described in this subparagraph are the
				following:
									(A)1-stop intake,
				referral, and institutional diversion services.
									(B)Identifying and
				remedying gaps and inequities in the State's current provision of long-term
				services and supports, particularly those services and supports that are
				provided based on such factors as age, severity of disability, type of
				disability, ethnicity, income, institutional bias, or other similar
				factors.
									(C)Establishment of
				consumer participation and consumer governance mechanisms, such as cooperatives
				and regional service authorities, that are managed and controlled by
				individuals with significant disabilities who use community-based services and
				supports or their representatives.
									(D)Activities
				designed to enhance the skills, earnings, benefits, supply, career, and future
				prospects of workers who provide community-based attendant services and
				supports.
									(E)Continuous,
				comprehensive quality improvement activities that are designed to ensure and
				enhance the health and well-being of individuals who rely on community-based
				attendant services and supports, particularly activities involving or initiated
				by consumers of such services and supports or their representatives.
									(F)Family support
				services to augment the efforts of families and friends to enable individuals
				with disabilities of all ages to live in their own homes and
				communities.
									(G)Health promotion
				and wellness services and activities.
									(H)Provider
				recruitment and enhancement activities, particularly such activities that
				encourage the development and maintenance of consumer controlled cooperatives
				or other small businesses or micro-enterprises that provide community-based
				attendant services and supports or related services.
									(I)Activities
				designed to ensure service and systems coordination.
									(J)Any other services
				or activities that the Secretary deems
				appropriate.
									.
					(b)Effective
			 dateThe amendments made by subsection (a) take effect on October
			 1, 2009.
				103.Increased
			 Federal financial participation for certain expenditures
				(a)In
			 generalSection 1943 of the Social Security Act, as added by
			 section 101(b) and amended by section 102, is amended by inserting after
			 subsection (d) the following:

						(e)Increased
				Federal financial participation for certain expenditures
							(1)Eligibility for
				payment
								(A)In
				generalIn the case of a State that the Secretary determines
				satisfies the requirements of subparagraph (B), the Secretary shall pay the
				State the amounts described in paragraph (2) in addition to any other payments
				provided for under section 1903 or this section for the provision of
				community-based attendant services and supports.
								(B)RequirementsThe
				requirements of this subparagraph are the following:
									(i)The State has an
				approved plan amendment under this section.
									(ii)The State has
				incurred expenditures described in paragraph (2).
									(iii)The State
				develops and submits to the Secretary criteria to identify and select such
				expenditures in accordance with the requirements of paragraph (3).
									(iv)The Secretary
				determines that payment of the applicable percentage of such expenditures (as
				determined under paragraph (2)(B)) would enable the State to provide a
				meaningful choice of receiving community-based services and supports to
				individuals with disabilities and elderly individuals who would otherwise only
				have the option of receiving institutional care.
									(2)Amounts and
				expenditures described
								(A)Expenditures in
				excess of 150 percent of baseline amountThe amounts and
				expenditures described in this paragraph are an amount equal to the applicable
				percentage, as determined by the Secretary in accordance with subparagraph (B),
				of the expenditures incurred by the State for the provision of community-based
				attendant services and supports to an individual that exceed 150 percent of the
				average cost of providing nursing facility services to an individual who
				resides in the State and is eligible for such services under this title, as
				determined in accordance with criteria established by the Secretary.
								(B)Applicable
				percentageThe Secretary shall establish a payment scale for the
				expenditures described in subparagraph (A) so that the Federal financial
				participation for such expenditures gradually increases from 70 percent to 90
				percent as such expenditures increase.
								(3)Specification of
				order of selection for expendituresIn order to receive the
				amounts described in paragraph (2), a State shall—
								(A)develop, in
				collaboration with the individuals and representatives described in subsection
				(b)(1) and pursuant to guidelines established by the Secretary, criteria to
				identify and select the expenditures submitted under that paragraph; and
								(B)submit such
				criteria to the
				Secretary.
								.
				(b)Effective
			 dateThe amendment made by subsection (a) takes effect on October
			 1, 2009.
				IIPromotion of
			 systems change and capacity building
			201.Grants to
			 promote systems change and capacity building
				(a)Authority To
			 award grants
					(1)In
			 generalThe Secretary of Health and Human Services (in this
			 section referred to as the Secretary) shall award grants to
			 eligible States to carry out the activities described in subsection (b).
					(2)ApplicationIn
			 order to be eligible for a grant under this section, a State shall submit to
			 the Secretary an application in such form and manner, and that contains such
			 information, as the Secretary may require.
					(b)Permissible
			 activitiesA State that receives a grant under this section may
			 use funds provided under the grant for any of the following activities,
			 focusing on areas of need identified by the State and the Consumer Task Force
			 established under subsection (c):
					(1)The development
			 and implementation of the provision of community-based attendant services and
			 supports under section 1943 of the Social Security Act (as added by section
			 101(b) and amended by sections 102 and 103) through active collaboration
			 with—
						(A)individuals with
			 disabilities;
						(B)elderly
			 individuals;
						(C)representatives of
			 such individuals; and
						(D)providers of, and
			 advocates for, services and supports for such individuals.
						(2)Substantially
			 involving individuals with significant disabilities and representatives of such
			 individuals in jointly developing, implementing, and continually improving a
			 mutually acceptable comprehensive, effectively working statewide plan for
			 preventing and alleviating unnecessary institutionalization of such
			 individuals.
					(3)Engaging in system
			 change and other activities deemed necessary to achieve any or all of the goals
			 of such statewide plan.
					(4)Identifying and
			 remedying disparities and gaps in services to classes of individuals with
			 disabilities and elderly individuals who are currently experiencing or who face
			 substantial risk of unnecessary institutionalization.
					(5)Building and
			 expanding system capacity to offer quality consumer controlled community-based
			 services and supports to individuals with disabilities and elderly individuals,
			 including by—
						(A)seeding the
			 development and effective use of community-based attendant services and
			 supports cooperatives, Independent Living Centers, small businesses,
			 micro-enterprises, micro-boards, and similar joint ventures owned and
			 controlled by individuals with disabilities or representatives of such
			 individuals and community-based attendant services and supports workers;
						(B)enhancing the
			 choice and control individuals with disabilities and elderly individuals
			 exercise, including through their representatives, with respect to the personal
			 assistance and supports they rely upon to lead independent, self-directed
			 lives;
						(C)enhancing the
			 skills, earnings, benefits, supply, career, and future prospects of workers who
			 provide community-based attendant services and supports;
						(D)engaging in a
			 variety of needs assessment and data gathering;
						(E)developing
			 strategies for modifying policies, practices, and procedures that result in
			 unnecessary institutional bias or the over-medicalization of long-term services
			 and supports;
						(F)engaging in
			 interagency coordination and single point of entry activities;
						(G)providing training
			 and technical assistance with respect to the provision of community-based
			 attendant services and supports;
						(H)engaging
			 in—
							(i)public awareness
			 campaigns;
							(ii)facility-to-community
			 transitional activities; and
							(iii)demonstrations
			 of new approaches; and
							(I)engaging in other
			 systems change activities necessary for developing, implementing, or evaluating
			 a comprehensive statewide system of community-based attendant services and
			 supports.
						(6)Ensuring that the
			 activities funded by the grant are coordinated with other efforts to increase
			 personal attendant services and supports, including—
						(A)programs funded
			 under or amended by the Ticket to Work and Work Incentives Improvement Act of
			 1999 (Public Law 106–170; 113 Stat. 1860);
						(B)grants funded
			 under the Families of Children With Disabilities Support Act of 2000 (42 U.S.C.
			 15091 et seq.); and
						(C)other initiatives
			 designed to enhance the delivery of community-based services and supports to
			 individuals with disabilities and elderly individuals.
						(7)Engaging in
			 transition partnership activities with nursing facilities and intermediate care
			 facilities for the mentally retarded that utilize and build upon items and
			 services provided to individuals with disabilities or elderly individuals under
			 the Medicaid program under title XIX of the Social Security Act, or by Federal,
			 State, or local housing agencies, Independent Living Centers, and other
			 organizations controlled by consumers or their representatives.
					(c)Consumer task
			 force
					(1)Establishment
			 and dutiesTo be eligible to receive a grant under this section,
			 each State shall establish a Consumer Task Force (referred to in this
			 subsection as the Task Force) to assist the State in the
			 development, implementation, and evaluation of real choice systems change
			 initiatives.
					(2)AppointmentMembers
			 of the Task Force shall be appointed by the Chief Executive Officer of the
			 State in accordance with the requirements of paragraph (3), after the
			 solicitation of recommendations from representatives of organizations
			 representing a broad range of individuals with disabilities, elderly
			 individuals, representatives of such individuals, and organizations interested
			 in individuals with disabilities and elderly individuals.
					(3)Composition
						(A)In
			 generalThe Task Force shall represent a broad range of
			 individuals with disabilities from diverse backgrounds and shall include
			 representatives from Developmental Disabilities Councils, Mental Health
			 Councils, State Independent Living Centers and Councils, Commissions on Aging,
			 organizations that provide services to individuals with disabilities and
			 consumers of long-term services and supports.
						(B)Individuals with
			 disabilitiesA majority of the members of the Task Force shall be
			 individuals with disabilities or representatives of such individuals.
						(C)LimitationThe
			 Task Force shall not include employees of any State agency providing services
			 to individuals with disabilities other than employees of entities described in
			 the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42
			 U.S.C. 15001 et seq.).
						(d)Annual
			 report
					(1)StatesA
			 State that receives a grant under this section shall submit an annual report to
			 the Secretary on the use of funds provided under the grant in such form and
			 manner as the Secretary may require.
					(2)SecretaryThe
			 Secretary shall submit to Congress an annual report on the grants made under
			 this section.
					(e)Authorization of
			 appropriations
					(1)In
			 generalThere is authorized to be appropriated to carry out this
			 section, $50,000,000 for each of fiscal years 2010 through 2012.
					(2)AvailabilityAmounts
			 appropriated to carry out this section shall remain available without fiscal
			 year limitation.
					202.Demonstration
			 project to enhance coordination of care under the Medicare and Medicaid
			 programs for dual eligible individuals
				(a)DefinitionsIn
			 this section:
					(1)Dually eligible
			 individualThe term dually eligible individual means
			 an individual who is enrolled in the Medicare and Medicaid programs established
			 under Titles XVIII and XIX, respectively, of the Social Security Act (42 U.S.C.
			 1395 et seq., 1396 et seq.).
					(2)ProjectThe
			 term project means the demonstration project authorized to be
			 conducted under this section.
					(3)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
					(b)Authority To
			 conduct projectThe Secretary shall conduct a project under this
			 section for the purpose of evaluating service coordination and cost-sharing
			 approaches with respect to the provision of community-based services and
			 supports to dually eligible individuals.
				(c)Requirements
					(1)Number of
			 participantsNot more than 5 States may participate in the
			 project.
					(2)ApplicationA
			 State that desires to participate in the project shall submit an application to
			 the Secretary, at such time and in such form and manner as the Secretary shall
			 specify.
					(3)DurationThe
			 project shall be conducted for at least 5, but not more than 10 years.
					(d)Evaluation and
			 report
					(1)EvaluationNot
			 later than 1 year prior to the termination date of the project, the Secretary,
			 in consultation with States participating in the project, representatives of
			 dually eligible individuals, and others, shall evaluate the impact and
			 effectiveness of the project.
					(2)ReportThe
			 Secretary shall submit a report to Congress that contains the findings of the
			 evaluation conducted under paragraph (1) along with recommendations regarding
			 whether the project should be extended or expanded, and any other legislative
			 or administrative actions that the Secretary considers appropriate as a result
			 of the project.
					(e)Authorization of
			 appropriationsThere are authorized to be appropriated such sums
			 as are necessary to carry out this section.


		II

		109th CONGRESS

		2d Session

		S. 2626

		IN THE SENATE OF THE UNITED STATES

			April 24, 2006

			Mr. Voinovich (for

			 himself and Mr. DeWine) introduced the

			 following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To extend the temporary suspension of duty on 50 percent

		  amine neutralized phosphated polyester polymer, 50 percent solvesso

		  100.

		1.50 percent amine neutralized

			 phosphated polyester polymer, 50 percent solvesso 100

			(a)In

			 generalHeading 9902.03.25 of

			 the Harmonized Tariff Schedule of the United States (relating to 50 percent

			 amine neutralized phosphated polyester polymer, 50 percent solvesso 100) is

			 amended by striking 12/31/2006 and inserting

			 12/31/2009.

			(b)Effective

			 dateThe amendment made by subsection (a) applies to goods

			 entered, or withdrawn from warehouse for consumption, on or after the 15th day

			 after the date of enactment of this Act.


117 S1620 IS: Save the Liberty Theatre Act of 2021
U.S. Senate
2021-05-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1620IN THE SENATE OF THE UNITED STATESMay 13, 2021Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo direct the Secretary of the Interior to convey to the city of Eunice, Louisiana, certain Federal land in the State of Louisiana, and for other purposes.1.Short titleThis Act may be cited as the Save the Liberty Theatre Act of 2021.2.DefinitionsIn this Act:(1)CityThe term City means the city of Eunice, Louisiana.(2)MapThe term map means the map entitled Jean Lafitte National Historical Park and Preserve, Proposed Boundary Revision and Disposal, numbered 467/168813, and dated December 2020.(3)SecretaryThe term Secretary means the Secretary of the Interior.3.Land conveyance(a)Conveyance authorityThe Secretary shall convey to the City, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to the parcels of land described in subsection (b).(b)Description of landThe parcels of land referred to in subsection (a) are lots 5 and 6, less the north 27 feet of lot 5, Block 22, of the Original Townsite of Eunice, Louisiana, generally depicted as Proposed Disposal Area on the map.(c)Availability of mapThe map shall be on file and available for public inspection in the appropriate offices of the National Park Service.4.Boundary adjustmentsOn the conveyance to the City of the land described in section 3(b), the boundary of the Jean Lafitte National Historical Park and Preserve shall be adjusted to exclude—(1)the conveyed land; and(2)lots 7 and 8 of the Original Townsite of Eunice, Louisiana, generally depicted as Non-NPS in Current Boundary on the map.


115 HR 800 IH: New Deal Rural Broadband Act
U.S. House of Representatives
2017-02-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 800IN THE HOUSE OF REPRESENTATIVESFebruary 1, 2017Mr. Huffman (for himself, Mr. Pocan, and Mr. Nolan) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, and Energy and Commerce, 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 concernedA BILLTo establish the Office of Rural Broadband Initiatives within the Department of Agriculture, to
			 preserve open Internet requirements, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the New Deal Rural Broadband Act of 2017. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Office of Rural Broadband Initiatives.
					Sec. 3. Breaking Ground on Rural Broadband Program.
					Sec. 4. Tribal broadband assistance program.
					Sec. 5. Telecommunications loan and loan guarantee program.
					Sec. 6. Modifications to existing rural broadband programs.
					Sec. 7. Inventory of Federal and State assets.
					Sec. 8. Retention of rental fees associated with communications use authorizations on Federal
			 lands.

			2.Office of Rural Broadband Initiatives
 (a)EstablishmentTitle VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended— (1)by redesignating sections 601 through 603 as sections 603 through 605, respectively; and
 (2)by inserting before section 603 (as so redesignated) the following new sections:  601.DefinitionsIn this title:
 (1)OfficeThe term Office means the Office of Rural Broadband Initiatives established under section 602(a)(1). (2)PanelThe term Panel means the Rural Broadband Advisory Panel established pursuant to section 602(d).
 (3)Under secretaryThe term Under Secretary means the Under Secretary for Rural Broadband Initiatives appointed under section 602(a)(2). 602.Office of rural broadband initiatives (a)Establishment (1)In generalThere is established in the Department of Agriculture the Office of Rural Broadband Initiatives.
 (2)Under SecretaryThe head of the Office shall be the Under Secretary for Rural Broadband Initiatives, who shall— (A)be appointed by the President, by and with the advice and consent of the Senate; and
 (B)report directly to the Secretary. (b)Responsibilities (1)In generalThe Under Secretary shall administer all rural and underserved areas broadband-related grant, loan, and loan guarantee programs administered by the Administrator of the Rural Utilities Service as of the date of the enactment of this section, including—
 (A)the rural broadband access loan, loan guarantee, and grant program under section 603; (B)the breaking ground on rural broadband program under section 606;
 (C)the tribal broadband assistance program under section 607; (D)the Community Connect Grant Program described in subpart A of part 1739 of title 7, Code of Federal Regulations (or successor regulations); and
 (E)loans under title II. (2)RequirementsThe Under Secretary shall—
 (A)conduct extensive, nationwide outreach to rural and underserved areas; (B)develop a comprehensive strategy for broadband in rural and underserved areas;
 (C)coordinate Federal resources for State, regional, and local governments to provide broadband assistance to citizens living and working in rural and underserved areas;
 (D)assess all relevant technologies (including WiFi, WIMAX, DSL, cable, satellite, fiber, and broadband over power lines), to determine if such technologies are able to support in whole or in part rural broadband requirements;
 (E)establish and maintain the Web-based clearinghouse described in subsection (e); (F)coordinate Federal rural broadband programs; and
 (G)provide technical assistance to State, regional, and local governments to develop deployment strategies for broadband in rural and underserved areas.
									(c)Comprehensive rural broadband strategy
 (1)Report requiredNot later than 180 days after the date of the appointment of the first Under Secretary under subsection (a), and annually thereafter, the Under Secretary shall submit to the President and to the Committees on Agriculture and Energy and Commerce of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and Commerce, Science, and Transportation of the Senate, a report describing a comprehensive strategy for broadband in rural and underserved areas that includes—
 (A)recommendations— (i)to promote interagency coordination between Federal agencies with respect to policies, procedures, targeted resources, and existing rural and underserved areas broadband programs;
 (ii)to improve and streamline the Federal policies, programs, and services relating to rural and underserved areas broadband technologies;
 (iii)to specify how Federal agency programs and resources can meet rural and underserved area broadband requirements; and
 (iv)to promote successful model deployments and appropriate technology use in rural and underserved areas so that State, regional, and local governments can benefit from the cataloging of successes of other State, regional, and local governments;
 (B)a needs assessment for the implementation of rural and underserved areas broadband; and (C)a strategic plan for comprehensive rural and underserved areas broadband and a description of the amount of time needed to achieve such strategic plan.
 (2)Annual report updateThe Under Secretary shall update the report required under paragraph (1) on an annual basis. (d)Rural broadband advisory panel (1)In generalNot later than 60 days after the date of appointment of the first Under Secretary under subsection (a), the Under Secretary shall submit to the Committees on Agriculture and Energy and Commerce of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and Commerce, Science, and Transportation of the Senate, a plan to establish a Rural Broadband Advisory Panel.
 (2)ChairpersonThe Panel shall be chaired by the Under Secretary or a designee thereof. (3)MembershipThe Panel shall be composed of representatives of—
 (A)State governments; (B)local governments;
 (C)tribal governments; (D)communications equipment vendors (including broadband data service providers);
 (E)public utility services; (F)local exchange carriers;
 (G)wireless carriers; (H)satellite communications services; and
 (I)other entities, as determined by the Under Secretary. (4)MeetingsThe Panel shall meet not less than 4 times each year.
 (5)DutiesThe Panel shall— (A)assist the Under Secretary in the annual report update under subsection (c)(2);
 (B)evaluate the effectiveness of all Federal broadband assistance programs and policies with respect to providing broadband access in rural and underserved areas;
 (C)evaluate best practices employed at the State and local government level to foster broadband access in rural and underserved areas.
 (e)Web-Based clearinghouseThe Under Secretary shall establish and maintain a comprehensive and interactive rural broadband Web-based clearinghouse of resources for rural and underserved areas broadband, including—
 (1)successful public-private partnerships; (2)funding sources;
 (3)technology tutorials; (4)descriptions of best practices;
 (5)assessments of various technology solutions; (6)case studies and feasibility studies;
 (7)descriptions of the applications of broadband in rural and underserved areas, including telework, telemedicine, distance learning, training, homeland security, senior citizen connectivity and program development, and business and economic development;
 (8)analyses of broadband policies in rural and underserved areas; and (9)supports for networks among rural and underserved communities and economic development agencies..
 (b)Conforming amendmentsSection 603 of the Rural Electrification Act of 1936, as redesignated by subsection (a)(1), is amended by striking Administrator and inserting Under Secretary.
 (c)In generalNot later than 60 days after the date of the appointment of the first Under Secretary under section 602(a) of title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), as amended by this Act, the Secretary of Agriculture shall issue regulations with respect to the qualification criteria for the loan and loan guarantee programs under such title that—
 (1)emphasize streamlining the application process and processing time; (2)ensure that the financial requirements for applicants do not unduly disqualify applicants that have demonstrated a viable business plan; and
 (3)do not diminish the mission of the program to deliver broadband service to rural and underserved areas.
				(d)Implementation report
 (1)In generalNot later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report describing the resources and staff necessary to carry out this section and the amendments made by this section.
				(2)Comptroller General Review
 (A)In generalThe Comptroller General of the United States shall review the report submitted under paragraph (1) for validity.
 (B)ReportNot later than 30 days after the date on which the report is submitted under paragraph (1), the Comptroller General of the United States shall submit to Congress a report containing the findings of the review under subparagraph (A).
 3.Breaking Ground on Rural Broadband ProgramTitle VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), as amended by section 2, is further amended by adding at the end the following new section:

				606.Breaking Ground on Rural Broadband Program
					(a)Grants, loans, and loan guarantees
 (1)In generalThe Under Secretary, in consultation with the Federal Communications Commission and other relevant Federal agencies, shall establish the breaking ground on rural broadband program to make grants, loans, or loan guarantees to eligible entities for broadband programs to, with respect to rural and underserved areas—
 (A)acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;
 (B)construct and deploy broadband service related infrastructure; (C)ensure access to broadband service by community anchor institutions;
 (D)facilitate access to broadband service to low-income, unemployed, aged, and otherwise vulnerable populations;
 (E)construct and deploy broadband facilities that improve public safety; (F)provide broadband communications services; and
 (G)such other activities the Under Secretary determines appropriate. (2)Award locationsTo the extent practical, the Under Secretary shall award not less than one grant, loan, or loan guarantee under this section to an eligible entity located in each State.
 (3)ConsultationThe Under Secretary shall consult a State with respect to— (A)identifying areas in need of broadband programs located in the State; and
 (B)the allocation of grant funds and loans and loan guarantees for broadband programs within the State.
 (b)Expiration of programThe Under Secretary may not award grants, loans, or loan guarantees under this section on a date that is after September 30, 2022.
 (c)ApplicationTo receive a grant, loan, or loan guarantee under this section, an eligible entity shall submit an application to the Under Secretary at such time, in such manner, and containing such information as the Under Secretary may require, including a description of how—
 (1)the eligible entity will use funds awarded under this section; (2)such funds are necessary to implement the broadband program;
 (3)the broadband program will comply with all applicable Federal, State, and local laws; (4)the eligible entity will meet the non-Federal funds requirements under subsection (e), including the source and amount of such other funding; and
 (5)the eligible entity will accomplish the broadband program goals not later than to 5 years after receiving an award under this section.
 (d)PriorityIn awarding grants, loans, or loan guarantees under this section, the Under Secretary may give priority to—
 (1)a broadband program that— (A)will serve the largest population by—
 (i)increasing the affordability and number of subscribers; (ii)increasing broadband speed; or
 (iii)enhancing healthcare delivery, education, or services for children; and (B)will serve a rural area (as such term is defined in section 203(b)); and
 (2)an eligible entity that is a socially and economically disadvantaged small business concern as defined under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
						(e)Non-Federal funds requirements
 (1)In generalExcept as provided in paragraph (2), the recipient of a grant under this section shall provide funds, in-kind contributions, or a combination of both, from sources other than funds provided through such grant in an amount that is at least equal to 20 percent of the amount of such grant.
 (2)ExceptionThe Under Secretary may provide a waiver to the requirements of paragraph (1) to an eligible entity that—
 (A)submits an application for such waiver, at such time, in such manner, and containing such information as the Under Secretary may require; and
 (B)demonstrates financial need. (f)Deobligate fundsIn addition to other authority under applicable law, the Under Secretary may deobligate awards under this section if an eligible entity demonstrates—
 (1)an insufficient level of performance; or (2)wasteful or fraudulent spending (as defined by the Under Secretary).
 (g)Reports by award recipientsAt such time as may be determined by the Under Secretary, an eligible entity that receives a grant, loan, or loan guarantee under this section shall submit to the Under Secretary a report that includes a description of the use of funds made available pursuant to this section.
 (h)Reports to CongressNot later than 180 days after the date on which funds are first made available to carry out this section under subsection (k), and once each 180 days thereafter until the expiration of the program under subsection (b), the Under Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committees on Agriculture and Energy and Commerce of the House of Representatives, and the Committees on Agriculture, Nutrition, and Forestry and Commerce, Science, and Transportation of the Senate, a report that includes—
 (1)the number of grants, loans, and loan guarantees applied for and provided under this section; (2)the communities proposed to be served in each grant, loan, or loan guarantee application submitted in 180 days before the date such report is submitted;
 (3)the period of time required to approve each grant, loan, or loan guarantee application under this section;
 (4)any outreach activities carried out by the Under Secretary to encourage entities in rural and underserved areas to submit applications under this section; and
 (5)each broadband service, including the type and speed of broadband service, for which assistance was sought, and each broadband service for which assistance was provided, under this section.
 (i)DatabaseNot later than 180 days after the date on which funds are first made available to carry out this section under subsection (k), the Under Secretary shall establish and maintain a fully searchable database, accessible on the Internet at no cost to the public, that includes—
 (1)a list of— (A)each entity that has applied for an award under this section; and
 (B)each eligible entity that has received an award under this section; (2)a description of each application under this section, and the status of each application;
 (3)the purpose for which each eligible entity is receiving funds under this section; and (4)each report submitted under subsection (h).
 (j)Eligible entity definedIn this section, the term eligible entity means— (1)a State or political subdivision thereof, the District of Columbia, a territory or possession of the United States, an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or native Hawaiian organization;
 (2)a nonprofit organization; or (3)any other entity the Under Secretary determines to be in the public interest.
 (k)Authorization of appropriationsThere is authorized to be appropriated to the Secretary of Agriculture to carry out this section $20,000,000,000 to remain available until September 30, 2022..
 4.Tribal broadband assistance programTitle VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), is amended by inserting after section 606, as added by section 3, the following new section:

				607.Tribal broadband assistance program
 (a)In generalThe Under Secretary shall make grants, loans, or loan guarantees to entities to— (1)plan, construct, acquire, or improve facilities or equipment for the purpose of providing broadband service on tribal lands;
 (2)provide broadband service on tribal lands; (3)develop among tribal members technical expertise related to broadband service; and
 (4)improve the adoption of broadband service by individuals on tribal lands. (b)ApplicationAn entity desiring financial assistance under this section shall submit an application to the Under Secretary at such time, in such manner, and containing such information as the Under Secretary may require, including—
 (1)a description of the ability of the entity to furnish the minimum acceptable level of broadband service for tribal lands; and
 (2)an assurance that the entity will submit a report, at such time, in such manner, and containing such information as the Under Secretary may specify, that describes—
 (A)the use by the entity of funds under this section; and (B)the provision by the entity of broadband service on tribal lands using such assistance, including—
 (i)the number and location of residences and businesses that receive improved broadband service as a result of such assistance; and
 (ii)the average price and speed of broadband service for such residences and businesses before and after the use by the entity of such assistance.
 (c)PriorityIn providing financial assistance under this section, the Secretary shall give priority to applications from entities proposing to—
 (1)provide broadband service in underserved tribal areas; (2)provide broadband service to the greatest number of households in underserved tribal areas; and
 (3)improve the ability of tribal governments or their designees to provide telecommunications service on tribal lands.
 (d)LimitationThe Under Secretary may not provide financial assistance under this section for a fiscal year to an entity that provides telecommunications service to 20 percent or more of the households in the United States if the cost to the Federal Government of such financial assistance exceeds 15 percent of the assistance made available under this section for the fiscal year.
 (e)ReportNot later than 3 years after the date on which funds are first made available to carry out this section under subsection (f), the Under Secretary shall submit to Congress and to the Rural Broadband Advisory Panel a report that describes the extent of participation under this section for the preceding fiscal year, including a description of—
 (1)the communities served by activities supported by funds under this section; (2)the number of grants, loans, and loan guarantees applied for and provided under this section;
 (3)the period of time required to approve each application under this section; and (4)the overall progress towards fulfilling the goal of providing broadband service on tribal lands, including a description of—
 (A)the number and location of residences and businesses that receive improved broadband service as a result of financial assistance under this section;
 (B)the average price and speed of broadband service for such residences and businesses; (C)any network improvements supported under this section; and
 (D)activities supported under this section that improve broadband service on tribal lands for educational institutions, health care providers, and public safety service providers.
 (f)Authorization of appropriationsThere is authorized to be appropriated to the Secretary of Agriculture to carry out this section $25,000,000 for each of fiscal years 2017 through 2022, to remain available until expended..
		5.Telecommunications loan and loan guarantee program
 (a)In generalTitle II of the Rural Electrification Act of 1936 (7 U.S.C. 922 et seq.) is amended by adding at the end the following new section:

					208.Regional telecommunications development
 (a)In generalIn addition to any preference given under section 201 with respect to a telephone loan made under this Act, the Secretary may give preference to an application for such a loan for a project that, as determined by the Secretary, supports the development of telecommunications services on a multijurisdictional basis.
 (b)Evaluation of applicationsIn evaluating an application described in subsection (a), the Secretary shall consider whether— (1)the project that is the subject of the application was developed through the collaboration and participation of multiple stakeholders in the service area of the project, including State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities;
 (2)the applicant has an understanding of the applicable regional resources that could support the project, including natural resources, human resources, infrastructure, and financial resources; and
 (3)the project has clear objectives and includes a means to establish measurable performance measures and to track progress toward meeting such objectives..
 (b)Exemption from State agency requirementSection 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended in the last sentence by inserting or the application involved is an application described in section 208 before the period at the end.
 (c)Definition of rural areaSection 203(b) of the Rural Electrification Act of 1936 (7 U.S.C. 924(b)) is amended by striking 5,000 and inserting 20,000. 6.Modifications to existing rural broadband programs (a)Award of grantsSection 603 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb), as redesignated by section 2, is further amended—
 (1)in subsection (a), by striking loans and loan guarantees and inserting loans, loan guarantees, and grants; (2)in subsection (c)—
 (A)in the subsection heading, by striking and Loan Guarantees and inserting Loan Guarantees, and Grants; (B)in paragraph (1), by inserting , and may make grants, after loans; and
 (C)in paragraph (2)— (i)in the matter preceding subparagraph (A), by striking loans or loan guarantees and inserting loans, loan guarantees, or grants;
 (ii)in subparagraph (A)— (I)by striking loan and loan guarantee and inserting loan, loan guarantee, and grant; and
 (II)by striking loans and loan guarantees and inserting loans, loan guarantees, and grants; and (iii)in subparagraph (C), by striking loans or loan guarantees and inserting loans, loan guarantees, or grants;
 (3)in subsection (d)— (A)in paragraph (1)(A)—
 (i)in the matter preceding clause (i), by striking loan or loan guarantee and inserting loan, loan guarantee, or grant; (ii)in clause (ii), by striking loan and inserting loan or grant; and
 (iii)in clause (iii)— (I)by striking loan and inserting loan or grant; and
 (II)by striking loan made or guaranteed and inserting loan or grant made or loan guaranteed; (B)in paragraph (2)—
 (i)in subparagraph (A), in the matter preceding clause (i)— (I)by inserting or the funds received through a grant made after guaranteed; and
 (II)by striking loan or loan guarantee and inserting loan, loan guarantee, or grant; and (ii)in subparagraph (B), by striking loan or loan guarantee and inserting loan, loan guarantee, or grant;
 (C)in paragraph (3)(A), by striking loan or loan guarantee and inserting loan, loan guarantee, or grant; (D)in paragraph (4), by striking loan or loan guarantee and inserting loan, loan guarantee, or grant;
 (E)in paragraph (5)(A), in the matter preceding clause (i), by striking loan or loan guarantee and inserting loan, loan guarantee, or grant; (F)in paragraph (6)—
 (i)by striking loan or loan guarantee and inserting loan, loan guarantee, or grant; and (ii)by striking loan involved and inserting loan or grant involved; and
 (G)in paragraph (7), by striking loan and inserting loan or grant; (4)in subsection (f), by striking loan or loan guarantee and inserting loan, loan guarantee, or grant;
 (5)in subsection (j)— (A)in the matter preceding paragraph (1), by striking loan and loan guarantee and inserting loan, loan guarantee, and grant;
 (B)in paragraph (1)— (i)by striking loans and inserting loans or grants; and
 (ii)by striking loan and inserting loan or grant; (C)in paragraph (2)—
 (i)in subparagraph (A), by striking loan and inserting loan or grant; and (ii)in subparagraph (B), by striking loans and loan guarantees and inserting loans, loan guarantees, and grants; and
 (D)in paragraph (3), by striking loan and inserting loan or grant; (6)by redesignating subsections (k) and (l) as subsections (l) and (m), respectively;
 (7)by inserting after subsection (j) the following new subsection:  (k)Matching funds requirementThe recipient of a grant under this section shall provide funds, in-kind contributions, or a combination of both, from sources other than funds provided through such grant in an amount that is at least equal to 10 percent of the amount of such grant.;
 (8)in subsection (l) (as so redesignated)— (A)in paragraph (1), by striking $25,000,000 for each of fiscal years 2008 through 2018 and inserting $50,000,000 for each of fiscal years 2017 through 2020; and
 (B)in paragraph (2), by striking loans and loan guarantees and inserting loans, loan guarantees, and grants each place it appears; and (9)in subsection (m) (as so redesignated)—
 (A)by striking loan or loan guarantee and inserting loan, loan guarantee, or grant; and (B)by striking 2018 and inserting 2020.
 (b)Priority for support for development of broadband serviceSection 601(c)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)(2)), as amended by subsection (a), is further amended—
 (1)in subparagraph (C), by striking and at the end; (2)in subparagraph (D), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following new subparagraph:  (E)give priority to applicants that offer in the applications of the applicants to provide support for multijurisdictional projects for the development of broadband service in rural and underserved areas that are developed through the collaboration and participation of multiple stakeholders in the service area of such a project, including State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities..
				7.Inventory of Federal and State assets
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Under Secretary for Rural Broadband Initiatives shall—
 (1)establish and maintain an inventory of any real property that is owned, leased, or otherwise managed by the Federal Government on which a broadband facility could be constructed, as determined by the Under Secretary for Rural Broadband Initiatives; and
 (2)make such inventory available to the public. (b)Executive agency reports (1)In generalNot later than 6 months after the date of enactment of this Act, each executive agency shall submit to the Under Secretary for Rural Broadband Initiatives a report that includes information regarding any real property that is owned, leased, or otherwise managed by such agency on which a broadband facility could be constructed.
 (2)Changes in real propertyNot later than 30 days after receiving notice of changes in the information included in a report under paragraph (1), the head of an applicable executive agency shall notify the Under Secretary for Rural Broadband Initiatives of such changes.
 (3)National security exemptionAn agency may exclude from the report described in paragraph (1) any information the head of the executive agency determines would harm national security.
				(c)State and local assets
 (1)In generalA State, local, or tribal government may provide to the Under Secretary for Rural Broadband Initiatives information regarding any real property that is owned, leased, or otherwise managed by the State, local, or tribal government on which a broadband facility could be constructed.
 (2)ConsultationThe Under Secretary for Rural Broadband Initiatives shall, in consultation with State, local, or tribal governments, issue such guidance or regulations as may be necessary to ensure that information provided by a State, local, or tribal government under paragraph (1) is accurate.
				8.Retention of rental fees associated with communications use authorizations on Federal lands
 (a)Special account requiredThe Secretary of the Treasury shall establish a special account in the Treasury for each Federal land management agency for the deposit of rental fees received by a Federal land management agency for communications use authorizations on Federal lands granted, issued, or executed by the Federal land management agency.
 (b)Deposit and Retention of rental feesRental fees received by a Federal land management agency shall— (1)be deposited in the special account established for that Federal land management agency; and
 (2)remain available for expenditure under subsection (c), to the extent and in such amounts as are provided in advance in appropriation Acts.
 (c)Expenditure of retained feesAmounts deposited in the special account for a Federal land management agency shall be used for Federal land management agency activities related to communications sites, including the following:
 (1)Administering communications use authorizations, including cooperative agreements under subsection (d).
 (2)Preparing needs assessments or other programmatic analyses necessary to designate communications sites and authorize communications uses on or adjacent to Federal lands.
 (3)Developing management plans for communications sites on or adjacent to Federal lands. (4)Training for management of communications sites on or adjacent to Federal lands.
 (5)Obtaining or improving access to communications sites on or adjacent to Federal lands. (d)Cooperative agreement authority (1)Department of the interiorThe Secretary of the Interior may enter into cooperative agreements to carry out the activities described in subsection (c).
 (2)Forest serviceThe Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into cooperative agreements to carry out the activities described in subsection (c).
 (e)No effect on other fee retention authoritiesThis section shall not limit or otherwise affect fee retention by a Federal land management agency under any other authority.
 (f)DefinitionsIn this section: (1)Communications siteThe term communications site means an area of Federal lands designated for telecommunications uses.
 (2)Communications useThe term communications use means the placement and operation of infrastructure for wireless telecommunications, regardless of whether the use of radio frequencies by such telecommunications is pursuant to a license issued by the Federal Communications Commission or on an unlicensed basis in accordance with the regulations of the Commission. The term includes ancillary activities directly related to such placement and operation.
 (3)Communications use authorizationThe term communications use authorization means a right-of-way, permit, or lease granted, issued, or executed by a Federal land management agency for the primary purpose of authorizing the occupancy and use of Federal lands for communications use.
 (4)Federal land management agencyThe term Federal land management agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service.
 (5)Federal landsThe term Federal lands means lands under the jurisdiction and management of a Federal land management agency. (6)Rental feeThe term rental fee means the fee collected by a Federal land management agency for the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law.


114 HR 1876 IH: Real Unemployment Calculation Act
U.S. House of Representatives
2015-04-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 1876
IN THE HOUSE OF REPRESENTATIVES

April 16, 2015
Mr. Hunter (for himself, Mr. Guthrie, Mr. Hultgren, Mr. Hurt of Virginia, Mr. Kinzinger of Illinois, Mr. Mulvaney, Mr. Palazzo, Mr. Rokita, Mr. Miller of Florida, Mr. Collins of New York, Mr. Garrett, Mr. Wilson of South Carolina, Mr. Allen, Mr. Graves of Missouri, Mr. Westerman, and Mr. Zinke) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To recognize a primary measure of national unemployment for purposes of the Federal Government.

1.Short titleThis Act may be cited as the Real Unemployment Calculation Act. 2.Primary measure of unemploymentThe measure of unemployment issued by the Bureau of Labor Statistics known as U5 shall be treated by the Bureau as the official unemployment rate and shall be considered by the Federal Government as the primary measure of unemployment in the United States.


		II
		111th CONGRESS
		2d Session
		S. 3477
		IN THE SENATE OF THE UNITED
		  STATES

			June 10, 2010
			Mr. Webb (for himself,
			 Mr. Warner, Mrs. McCaskill, Mr.
			 Burris, Mr. Bayh,
			 Mr. Nelson of Nebraska,
			 Mr. Tester, Mr.
			 McCain, Mr. Brown of
			 Massachusetts, and Mr.
			 Inhofe) introduced the following bill; which was read twice and
			 referred to the Committee on Armed
			 Services

		A BILL
		To ensure that the right of an individual
		  to display the Service Flag on residential property not be
		  abridged.

		1.Short titleThis Act may be cited as the
			 Blue Star/Gold Star Flag Act of
			 2010.
		2.DefinitionsIn this Act:
			(1)The term Service Flag means a
			 service flag for purposes section 901 of title 36, United States Code.
			(2)The terms condominium
			 association and cooperative association have the meanings
			 given such terms under section 604 of Public Law 96–399 (15 U.S.C.
			 3603).
			(3)The term residential real estate
			 management association has the meaning given such term under section 528
			 of the Internal Revenue Code of 1986 (26 U.S.C. 528).
			(4)The term member—
				(A)as used with respect to a condominium
			 association, means an owner of a condominium unit (as defined under section 604
			 of Public Law 96–399 (15 U.S.C. 3603)) within such association;
				(B)as used with respect to a cooperative
			 association, means a cooperative unit owner (as defined under section 604 of
			 Public Law 96–399 (15 U.S.C. 3603)) within such association; and
				(C)as used with respect to a residential real
			 estate management association, means an owner of a residential property within
			 a subdivision, development, or similar area subject to any policy or
			 restriction adopted by such association.
				3.Right To display the Service
			 FlagA condominium
			 association, cooperative association, or residential real estate management
			 association may not adopt or enforce any policy, or enter into any agreement,
			 that would restrict or prevent a member of the association from displaying the
			 Service Flag on residential property within the association with respect to
			 which such member has a separate ownership interest or a right to exclusive
			 possession or use.
		4.LimitationsNothing in this Act shall be considered to
			 permit any display or use that is inconsistent with—
			(1)any regulations prescribed by the Secretary
			 of Defense regarding rules or customs pertaining to the proper display or use
			 of the Service Flag; or
			(2)any reasonable restriction pertaining to
			 the time, place, or manner of displaying the Service Flag necessary to protect
			 a substantial interest of the condominium association, cooperative association,
			 or residential real estate management association.


114 HR 4950 IH: Small Financial Institution Advisory Committees Act of 2016
U.S. House of Representatives
2016-04-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4950
		IN THE HOUSE OF REPRESENTATIVES

			April 14, 2016
			Mr. Quigley (for himself and Mr. Pittenger) introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To establish advisory committees within the Department of the Treasury, and for other purposes.

 1.Short titleThis Act may be cited as the Small Financial Institution Advisory Committees Act of 2016. 2.Community Bank Advisory Committee (a)DefinitionsFor purposes of this section:
 (1)Community bankThe term community bank means a depository institution with total assets of $10,000,000,000 or less. (2)Depository institutionThe term depository institution has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
 (3)SecretaryThe term Secretary means the Secretary of the Treasury. (b)Establishment and functions (1)EstablishmentThere is established within the Department of the Treasury (hereafter in this section referred to as the Department) the Community Bank Advisory Committee (hereafter in this section referred to as the Committee).
 (2)FunctionsThe Committee shall provide the Department with advice on the Department’s efforts regarding financial institutions legislation and regulation, legislation affecting Federal departments and agencies that regulate or insure financial institutions, and securities markets legislation and regulation, as such efforts relate to community banks.
				(c)Membership
 (1)Member appointmentNot later than 12 months after the date of the enactment of this Act, the Secretary shall appoint not fewer than 15, and not more than 20, members to the Committee. In appointing such members, the Secretary shall—
 (A)include members representing community banks that are not affiliates of depository institutions with total assets of more than $10,000,000,000;
 (B)include members representing community banks of different charter types, asset sizes, geographic areas, and ownership types;
 (C)give strong consideration to members representing community banks predominantly serving traditionally rural and underserved communities and populations and their interests; and
 (D)make such appointments without regard to party affiliation. (2)TermEach member of the Committee shall serve for a term of 2 years, which is not eligible for renewal.
 (3)Members not Department employeesMembers of the Committee shall not be treated as employees or agents of the Department solely because of membership on the Committee.
 (4)ResignationAny member may resign at any time by giving notice to the Department. The Secretary shall appoint persons to fill vacancies on the Committee as the vacancies occur.
				(d)Chairman; vice chairman; secretary; assistant secretary
 (1)In generalThe members of the Committee shall elect, from among the members of the Committee— (A)a chairman;
 (B)a vice chairman; (C)a secretary; and
 (D)an assistant secretary. (2)TermEach member elected under paragraph (1) shall serve for a term of 2 years in the capacity for which the member was elected under paragraph (1).
				(e)Meetings
 (1)Frequency of meetingsThe Committee shall meet— (A)not less frequently than 4 times annually, at the call of the chairman of the Committee; and
 (B)from time to time, at the call of the Department. (2)NoticeThe chairman of the Committee shall give the members of the Committee written notice of each meeting, not later than 4 weeks before the date of the meeting.
 (3)LocationAt least 2 of the meetings each year shall take place in person at the Department’s headquarters in the District of Columbia. Participants should make every effort within reason to attend these meetings in person.
 (4)AgendaEach meeting shall be conducted in accordance with an agenda formulated by the chairman of the Committee, with input from other Committee members.
 (5)Department representationEach meeting of the Committee shall be attended by the Secretary or the Secretary’s designee. (f)Compensation and travel expensesEach member of the Committee who is not a full-time employee of the United States shall—
 (1)be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Committee; and
 (2)while away from the home or regular place of business of the member in the performance of services for the Committee, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
 (g)StaffThe Department shall make available to the Committee such staff as the chairman of the Committee determines are necessary to carry out the functions of the Committee.
 (h)Review by DepartmentThe Department shall— (1)review the findings and recommendations of the Committee; and
 (2)each time the Committee submits a finding or recommendation to the Department, promptly, but no more than 60 days after submission, issue a public statement, a copy of which shall be delivered to Committee members—
 (A)assessing the finding or recommendation of the Committee; and (B)disclosing the action, if any, the Department intends to take with respect to the finding or recommendation.
					3.Credit Union Advisory Committee
 (a)DefinitionsFor purposes of this section: (1)Credit unionThe term credit union means a Federal credit union or a State credit union, as such terms are defined, respectively, under section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
 (2)SecretaryThe term Secretary means the Secretary of the Treasury. (b)Establishment and functions (1)EstablishmentThere is established within the Department of the Treasury (hereafter in this section referred to as the Department) the Credit Union Advisory Committee (hereafter in this section referred to as the Committee).
 (2)FunctionsThe Committee shall provide the Department with advice on the Department’s efforts regarding financial institutions legislation and regulation, legislation affecting Federal departments and agencies that regulate or insure financial institutions, and securities markets legislation and regulation, as such efforts relate to credit unions.
				(c)Membership
 (1)Member appointmentNot later than 12 months after the date of the enactment of this Act, the Secretary shall appoint not fewer than 15, and not more than 20, members to the Committee. In appointing such members, the Secretary shall—
 (A)include members representing credit unions with total assets of $10,000,000,000 or less; (B)include members representing credit unions that are not affiliates of credit unions with total assets of more than $10,000,000,000;
 (C)include members representing credit unions of different charter types, asset sizes, geographic areas, and ownership types;
 (D)give strong consideration to members representing credit unions predominantly serving traditionally rural and underserved communities and populations and their interests; and
 (E)make such appointments without regard to party affiliation. (2)TermEach member of the Committee shall serve for a term of 2 years, which is not eligible for renewal.
 (3)Members not Department employeesMembers of the Committee shall not be treated as employees or agents of the Department solely because of membership on the Committee.
 (4)ResignationAny member may resign at any time by giving notice to the Department. The Secretary shall appoint persons to fill vacancies on the Committee as the vacancies occur.
				(d)Chairman; vice chairman; secretary; assistant secretary
 (1)In generalThe members of the Committee shall elect, from among the members of the Committee— (A)a chairman;
 (B)a vice chairman; (C)a secretary; and
 (D)an assistant secretary. (2)TermEach member elected under paragraph (1) shall serve for a term of 2 years in the capacity for which the member was elected under paragraph (1).
				(e)Meetings
 (1)Frequency of meetingsThe Committee shall meet— (A)not less frequently than 4 times annually, at the call of the chairman of the Committee; and
 (B)from time to time, at the call of the Department. (2)NoticeThe chairman of the Committee shall give the members of the Committee written notice of each meeting, not later than 4 weeks before the date of the meeting.
 (3)LocationAt least 2 of the meetings each year shall take place in person at the Department’s headquarters in the District of Columbia. Participants should make every effort within reason to attend these meetings in person.
 (4)AgendaEach meeting shall be conducted in accordance with an agenda formulated by the chairman of the Committee, with input from other Committee members.
 (5)Department representationEach meeting of the Committee shall be attended by the Secretary or the Secretary’s designee. (f)Compensation and travel expensesEach member of the Committee who is not a full-time employee of the United States shall—
 (1)be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Committee; and
 (2)while away from the home or regular place of business of the member in the performance of services for the Committee, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
 (g)StaffThe Department shall make available to the Committee such staff as the chairman of the Committee determines are necessary to carry out the functions of the Committee.
 (h)Review by DepartmentThe Department shall— (1)review the findings and recommendations of the Committee; and
 (2)each time the Committee submits a finding or recommendation to the Department, promptly, but no more than 60 days after submission, issue a public statement, a copy of which shall be delivered to Committee members—
 (A)assessing the finding or recommendation of the Committee; and (B)disclosing the action, if any, the Department intends to take with respect to the finding or recommendation.


		III
		109th CONGRESS
		2d Session
		S. RES. 521
		IN THE SENATE OF THE UNITED STATES

			June 27, 2006
			Mr. Schumer (for himself
			 and Mr. McCain) submitted the following
			 resolution; which was referred to the Committee on Foreign
			 Relations

		RESOLUTION
		Commending the people of Albania on the
		  61st anniversary of the liberation of the Jews from the Nazi death camps, for
		  protecting and saving the lives of all Jews who lived in Albania, or sought
		  asylum there during the Holocaust.

		Whereas at the start of World War II, approximately 200
			 Jews lived in the Republic of Albania, and approximately 1800 Jews escaped to
			 Albania from Western Europe and the former Yugoslavia;
		Whereas in 1934, United States Ambassador to Albania
			 Herman Bernstein wrote that, There is no trace of any discrimination
			 against Jews in Albania, because Albania happens to be one of the rare lands in
			 Europe today where religious prejudice and hate do not exist, even though
			 Albanians themselves are divided into three faiths.;
		Whereas based on their unique history of religious
			 tolerance, Albanians sheltered and protected Jews, even at the risk of Albanian
			 lives, beginning with the invasion and occupation of Albania by Mussolini's
			 Italian fascists in 1939;
		Whereas after Germany occupied Albania in 1943 and the
			 Gestapo ordered Jewish refugees in the Albanian capital of Tirana to register,
			 Albanian leaders refused to provide a list of Jews living in Albania, and
			 Albanian clerks issued false identity papers to protect all Jews who traveled
			 to and hid in Tirana;
		Whereas Albanians considered it a matter of national pride
			 and tradition to help Jews during the Holocaust, and due to the actions of many
			 individual Albanians, virtually the entire native and refugee Jewish community
			 in Albania during World War II survived the Holocaust;
		Whereas Albania had more Jewish residents after World War
			 II than before World War II;
		Whereas in June 1990, Jewish-American Congressman Tom
			 Lantos and former Albanian-American Congressman Joe DioGuardi were the first
			 United States officials to enter Albania in 50 years and received from the
			 Communist Party leader and Albanian President Ramiz Alia a thick file from the
			 Communist archives containing the records of the unpublicized heroic deeds of
			 hundreds of Albanians who rescued Jews during World War II;
		Whereas Joe DioGuardi, upon returning to the United
			 States, sent the file for authentication to Yad Vashem, the Holocaust Martyrs'
			 and Heroes' Remembrance Museum in Jerusalem, Israel;
		Whereas Yad Vashem has thus far designated 63 Albanians as
			 Righteous Persons and Albania as one of the Righteous
			 Among the Nations;
		Whereas in February 1995, Congressmen Tom Lantos, Benjamin
			 Gilman, and Jerrold Nadler and former Congressman Joe DioGuardi spoke at a
			 ceremony at the United States Holocaust Memorial Museum in Washington, DC,
			 commemorating the addition of Albania to the museum's Righteous Among
			 the Nations installation;
		Whereas based on the information authenticated by Yad
			 Vashem, Jewish-American author and philanthropist Harvey Sarner published
			 Rescue in Albania in 1997, to call international attention to
			 the unique role of the Albanian people in saving Jews from the Nazi
			 Holocaust;
		Whereas in October 1997, the Albanian American Civic
			 League and Foundation began the distribution of 10,000 copies of Rescue
			 in Albania with forewords by Congressmen Lantos and Gilman to bring to
			 the attention of the Jewish people and their leaders in particular the plight
			 of Albanians living under Slobodan Milosevic in order to forestall another
			 genocide;
		Whereas on May 15, 2005, Jews and Albanians gathered in
			 New York City in a Salute to Albanian Tolerance, Resistance, and Hope:
			 Remembering Besa and the Holocaust on the occasion for the 60th
			 anniversary of the liberation of the Nazi death camps; and
		Whereas in a statement presented at the ceremony Dr.
			 Mordechai Paldiel, Director of the Department for the Righteous at Yad Vashem,
			 commemorated the heroism of Albanians as the only ones among rescuers in
			 other countries who not only went out of their way to save Jews, but vied and
			 competed with each other for the privilege of being a rescuer, thanks to
			 besa, the code of honor that requires Albanians to save the life of
			 anyone seeking refuge, even if it means sacrificing his own life: Now,
			 therefore, be it

		That the Senate—
			(1)commends the people of Albania for
			 protecting and saving the lives of all Jews, both native and refugee, living in
			 Albania during the Holocaust;
			(2)commends Yad Vashem in Israel and
			 encourages others to recognize Albanians who took action to protect Jews during
			 the Holocaust for their great courage and heroism; and
			(3)takes this occasion to reaffirm its support
			 for close ties between the United States and Albania.