		I
		112th CONGRESS
		1st Session
		H. R. 2722
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2011
			Mr. Lipinski (for
			 himself and Mr. Aderholt) introduced
			 the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To amend chapter 83 of title 41, United States Code, to
		  increase the requirement for American-made content, to strengthen the waiver
		  provisions, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Buy American Improvement Act of
			 2011.
		2.Strengthening and
			 simplifying Federal procurement policies
			(a)In
			 generalNot later than one year after the date of the enactment
			 of this Act, the Administrator for Federal Procurement Policy, in consultation
			 with the Federal Acquisition Regulatory Council, shall promulgate regulations
			 to standardize and simplify how Federal agencies comply with, report on, and
			 enforce chapter 83 of title 41, United States Code (commonly known as the
			 Buy American Act). The regulations shall include, at a
			 minimum, the following:
				(1)Guidelines for
			 determining, for the purposes of applying sections 8302(a) and 8303(b)(3) of
			 such title, the circumstances under which the acquisition of articles,
			 materials, or supplies mined, produced, or manufactured in the United States is
			 inconsistent with the public interest.
				(2)Uniform procedures for collecting,
			 reporting, and making publicly available information about waivers under
			 chapter 83 of such title, including—
					(A)procedures for
			 making a request for a waiver publicly available before granting the waiver;
			 and
					(B)procedures for
			 providing the rationale for why a waiver is granted.
					(3)Rules to ensure
			 that projects are not disaggregated for purposes of avoiding the applicability
			 of the requirements under chapter 83 of such title to such larger
			 project.
				(4)Procedures for
			 investigating waiver requests.
				(5)Rules for
			 evaluating the percentage of domestic content in a manufactured end
			 product.
				(b)Guidelines
			 relating to inconsistency with public interestIn the guidelines
			 developed under subsection (a)(1), the Administrator shall consider any
			 significant decrease in employment in the United States resulting from the
			 granting of waivers to be inconsistent with the public interest and seek to
			 minimize—
				(1)the granting of waivers that would result
			 in a decrease in employment in the United States in both the short- and
			 long-term; and
				(2)the granting of
			 waivers for procurement of articles, materials, or supplies mined, produced, or
			 manufactured in a foreign country with which the United States does not have a
			 relevant trade agreement and which has a government that maintains, in regard
			 to government procurement, a significant and persistent pattern or practice of
			 discrimination against products produced in the United States.
				(c)Procedures
			 relating to the publication of requests for waiversIn the procedures developed under
			 subsection (a)(2)(A), the Administrator shall require the head of a Federal
			 agency, after receiving a request for a waiver, to complete each of the
			 following:
				(1)Publish the
			 request for a waiver on a publicly available Web site of the agency in an
			 easily identifiable location within 15 days after receiving such
			 request.
				(2)A waiver may not
			 be issued before the expiration of the fifteen-day period beginning on the date
			 on which the request for waiver is published pursuant to paragraph (1) to
			 provide the public an opportunity for notice and comment.
				(d)Procedures
			 relating to the publication of waivers grantedIn the procedures developed under
			 subsection (a)(2)(B), the Administrator shall require the head of a Federal
			 agency to publish the determination for why a waiver was granted and the
			 rationale for such determination in the Federal Register and on a publicly
			 available Web site of the agency in an easily identifiable location not later
			 than 30 days after the head of the agency determines to issue such
			 waiver.
			(e)Rules relating
			 to domestic contentIn the rules developed under subsection
			 (a)(5), the Administrator shall not consider as domestic content components of
			 foreign origin of the same class or kind as those that are not mined, produced,
			 or manufactured in the United States in sufficient and reasonably available
			 commercial quantities of a satisfactory quality.
			(f)DefinitionsIn
			 this section:
				(1)Federal
			 agencyThe term Federal
			 agency means any executive agency (as defined in section 133 of title
			 41, United States Code) or any establishment in the legislative or judicial
			 branch of the Federal Government.
				(2)Relevant trade
			 agreementThe term relevant trade agreement
			 means—
					(A)a reciprocal
			 defense procurement memorandum of understanding, as described in section 8304
			 of title 41, United States Code;
					(B)any trade
			 agreement for which the President, or his delegate, has issued a blanket waiver
			 under section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 2511);
			 and
					(C)any trade
			 agreement described in subpart 25.4 of the Federal Acquisition
			 Regulation.
					(3)WaiverThe term waiver means, with
			 respect to the acquisition of an article, material, or supply for public use,
			 the inapplicability of chapter 83 of title 41, United States Code, to the
			 acquisition by reason of any of the following determinations:
					(A)A determination by
			 the head of the Federal agency concerned that the acquisition is inconsistent
			 with the public interest.
					(B)A determination by
			 the head of the Federal agency concerned that the cost of the acquisition is
			 unreasonable.
					(C)A determination by
			 the head of the Federal agency concerned that the article, material, or supply
			 is not mined, produced, or manufactured in the United States in sufficient and
			 reasonably available commercial quantities of a satisfactory quality.
					3.Increasing
			 transparency and accountability in Federal procurementSubsection (b) of section 8302 of title 41,
			 United States Code, is amended to read as follows:

				(b)Reports
					(1)In
				general
						(A)Agency
				reportNot later than 120
				days after the end of each of fiscal years 2011 through 2016, the head of each
				Federal agency shall submit to the Administrator of the Office of Federal
				Procurement Policy a report on the amount of the acquisitions made by the
				agency in that fiscal year of articles, materials, or supplies purchased from
				entities that manufacture the articles, materials, or supplies outside of the
				United States. A separate report is not required by a Federal agency under this
				subparagraph if such agency has already submitted the information required in
				such report for a fiscal year through the Federal Procurement Data System (as
				referred to in section 1122(a)(4)(A)) or another uniform comprehensive system
				prescribed by the Federal Acquisition Regulation.
						(B)Consolidated
				reportNot later than 180
				days after the end of each of fiscal years 2011 through 2016, the Administrator
				of the Office of Federal Procurement Policy, in consultation with the
				Administrator of the General Services, shall submit to the Committee on
				Homeland Security and Governmental Affairs of the Senate and the Committee on
				Oversight and Government Reform of the House of Representatives a consolidated
				report that includes each report and any information submitted pursuant to
				subparagraph (A) and the total amount of acquisitions made by Federal agencies
				in the relevant fiscal year of articles, materials, or supplies purchased from
				entities that manufacture or produce the articles, materials, or supplies
				outside of the United States.
						(2)Contents of
				reportThe report required by
				paragraph (1)(A) shall separately include, for the fiscal year covered by the
				report—
						(A)the dollar value of any articles,
				materials, or supplies that were manufactured or produced outside the United
				States, in the aggregate and by country;
						(B)an itemized list
				of all waivers granted with respect to such articles, materials, or supplies
				under this chapter, and the country where such articles, materials, or supplies
				were manufactured or produced;
						(C)if any articles, materials, or supplies
				were acquired from entities that manufacture or produce articles, materials, or
				supplies outside the United States due to an exception (that is not the
				micro-purchase threshold exception described under subsection (a)(2)(C)), the
				specific exception that was used to purchase such articles, materials, or
				supplies;
						(D)if any articles, materials, or supplies
				were acquired from entities that manufacture or produce articles, materials, or
				supplies outside the United States pursuant to a relevant trade agreement, a
				citation to such agreement; and
						(E)a summary
				of—
							(i)the total
				procurement funds expended on articles, materials, and supplies manufactured or
				produced inside the United States;
							(ii)the total
				procurement funds expended on articles, materials, and supplies manufactured or
				produced outside the United States; and
							(iii)the total procurement funds expended on
				articles, materials, and supplies manufactured or produced outside the United
				States for each country that manufactured or produced such articles, materials,
				and supplies.
							(3)Public
				availabilityNot later than
				180 days after the end of the relevant fiscal year, the Administrator of the
				Office of Federal Procurement Policy shall make the consolidated report
				described under paragraph (1)(B) publicly available on a Web site.
					(4)Exception for
				intelligence communityThis
				subsection shall not apply to acquisitions made by an agency, or component of
				an agency, that is an element of the intelligence community as specified in, or
				designated under, section 3 of the National Security Act of 1947 (50 U.S.C.
				401a).
					.
		4.Strengthening the
			 Buy American Act
			(a)Requirements for
			 waiversSection 8302 of title
			 41, United States Code, is amended by adding at the end the following new
			 subsection:

					(c)Special
				rulesThe following rules
				apply in carrying out the provisions of subsection (a):
						(1)Calculation of
				domestic and non-domestic bids
							(A)Exclusion of
				start-up costs in calculating cost of bidWhen comparing bids
				between domestic entities and non-domestic entities, costs related to the
				start-up of a project shall be excluded from a domestic bid.
							(B)Unreasonable
				cost determination
								(i)In
				generalThe head of a Federal agency shall not determine the cost
				of acquiring articles, materials, or supplies produced or manufactured in the
				United States to be unreasonable under subsection (a) unless the acquisition of
				such articles, materials, or supplies would increase the cost of the overall
				project by more than 25 percent.
								(ii)Rule of
				constructionNothing in this
				subparagraph shall be construed as reducing the percentage increase required as
				of the date of the enactment of the Buy
				American Improvement Act of 2011 for a determination of
				unreasonable cost applicable to projects under Department of Defense
				contracts.
								(2)Use outside the
				united states
							(A)In
				generalSubsection (a) shall apply without regard to whether the
				articles, materials, or supplies to be acquired are for use outside the United
				States if the articles, materials, or supplies are not needed on an urgent
				basis or if they are acquired on a regular basis.
							(B)Cost
				analysisIn any case in which the articles, materials, or
				supplies are to be acquired for use outside the United States and are not
				needed on an urgent basis, before entering into a contract an analysis shall be
				made of the difference in the cost of acquiring the articles, materials, or
				supplies from a company manufacturing the articles, materials, or supplies in
				the United States (including the cost of shipping) and the cost of acquiring
				the articles, materials, or supplies from a company manufacturing the articles,
				materials, or supplies outside the United States (including the cost of
				shipping).
							(3)Domestic
				availabilityThe head of a Federal agency may not make a
				determination under subsection (a) that an article, material, or supply is not
				mined, produced, or manufactured, as the case may be, in the United States in
				sufficient and reasonably available commercial quantities and of satisfactory
				quality, unless the head of the agency has determined that—
							(A)domestic
				production cannot be initiated without significantly delaying the project for
				which the article, material, or supply is to be procured; and
							(B)a substitutable
				article, material, or supply is not available in reasonable quantities and of
				satisfactory quality from a company in the United
				States.
							.
			(b)Definitions;
			 increasing domestic content requirementSection 8301 of title 41, United States
			 Code, is amended—
				(1)by adding at the
			 end the following new paragraphs:

						(3)ExceptionThe term exception means, with
				respect to the acquisition of an article, material, or supply for public use,
				the inapplicability of chapter 83 to the acquisition by reason of any of the
				following:
							(A)Use outside the
				United States (described in section 8302(a)(2)(A)).
							(B)Procured under a
				contract with an award value that is not more than the micro-purchase threshold
				(described in section 8302(a)(2)(C)).
							(C)Specifically
				excepted for information technology (as defined in section 11101 of title 40)
				that is a commercial item (as defined in section 103).
							(D)A relevant trade
				agreement.
							(4)Federal
				agencyThe term Federal
				agency means any executive agency (as defined in section 133) or any
				establishment in the legislative or judicial branch of the Federal
				Government.
						(5)Relevant trade
				agreementThe term relevant trade agreement
				means—
							(A)a reciprocal
				defense procurement memorandum of understanding, as described in section 8304
				of title 41, United States Code;
							(B)any trade
				agreement for which the President, or his delegate, has issued a blanket waiver
				under section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 2511);
				and
							(C)any trade
				agreement described in subpart 25.4 of the Federal Acquisition
				Regulation.
							(6)Substantially
				allArticles, materials, or supplies shall be treated as made
				substantially all from articles, materials, or supplies mined, produced, or
				manufactured in the United States, if the cost of the domestic components of
				such articles, materials, or supplies exceeds 75 percent of the total cost of
				all components of such articles, materials, or supplies. Such percentage shall
				not include intellectual property rights, legal fees, and any cost not related
				to physical production or transportation.
						(7)WaiverThe term waiver means, with
				respect to the acquisition of an article, material, or supply for public use,
				the inapplicability of this chapter to the acquisition by reason of any of the
				following determinations:
							(A)A determination by
				the head of the Federal agency concerned that the acquisition is inconsistent
				with the public interest.
							(B)A determination by
				the head of the Federal agency concerned that the cost of the acquisition is
				unreasonable.
							(C)A determination by
				the head of the Federal agency concerned that the article, material, or supply
				is not mined, produced, or manufactured in the United States in sufficient and
				reasonably available commercial quantities of a satisfactory
				quality.
							;
				and
				(2)by reordering paragraphs (1) and (2) and
			 the paragraphs added by paragraph (1) of this subsection in alphabetical order
			 based on the headings of such paragraphs and renumbering such paragraphs as so
			 reordered.
				(c)Conforming
			 amendmentsTitle 41, United States Code, is amended—
				(1)in section
			 8302(a)(1), by striking department or independent establishment
			 and inserting Federal agency; and
				(2)in section
			 8303—
					(A)in subsection
			 (b)—
						(i)in paragraph (2), by striking
			 department or independent establishment and inserting
			 Federal agency; and
						(ii)in paragraph (3), by striking
			 department or independent establishment and inserting
			 Federal agency; and
						(B)in subsection (c),
			 by striking department, bureau, agency, or independent
			 establishment and inserting Federal agency, each place
			 it appears.
					(d)Inflation
			 adjustment exclusionSection 1908(b)(2)(A) of title 41, United
			 States Code, is amended by striking chapter 67 and inserting
			 chapters 67 and 83.
			5.GAO report and
			 recommendationNot later than
			 one year after the date of the enactment of this Act, the Comptroller General
			 shall report to Congress on the extent to which, in each of fiscal years 2007,
			 2008, 2009, 2010, and 2011, articles, materials, or supplies acquired by the
			 Federal Government were manufactured, mined, or produced outside of the United
			 States. Such report shall include for each Federal agency the following:
			(1)A summary of total procurement funds
			 expended on articles, materials, and supplies manufactured—
				(A)inside the United
			 States;
				(B)outside the United
			 States; and
				(C)outside the United
			 States—
					(i)under each type of
			 waiver (as defined under section 2(f) of this Act);
					(ii)under each
			 category of exception (as defined in section 8301 of title 41, United States
			 Code); and
					(iii)for each country
			 that manufactured or produced such articles, materials, and supplies.
					(2)An analysis of the impact of eliminating
			 the exception for acquisitions for information technology (as defined in
			 section 11101 of title 40) that is a commercial item (as defined in section
			 103).
			6.United States
			 Obligations under international agreementsThis Act, and the amendments made by this
			 Act, shall be applied in a manner consistent with United States obligations
			 under international agreements.


		I
		111th CONGRESS
		1st Session
		H. R. 2514
		IN THE HOUSE OF REPRESENTATIVES

			May 20, 2009
			Mr. Markey of
			 Massachusetts introduced the following bill; which was referred to
			 the Committee on Energy and
			 Commerce

		A BILL
		To restore the jurisdiction of the Consumer Product
		  Safety Commission over amusement park rides which are at a fixed site, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 National Amusement Park Ride Safety
			 Act of 2009.
		2.Jurisdiction over
			 fixed site amusement ridesSection 3(a)(1) of the
			 Consumer Product Safety Act (15
			 U.S.C. 2052(a)(1)) is amended by striking , and which is not permanently
			 fixed to a site. Such term does not include such a device which is permanently
			 fixed to a site. and inserting a period.
		3.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the Consumer Product Safety Commission
			 $500,000 for each fiscal year to enable the Commission to carry out the
			 Consumer Product Safety Act as
			 amended by this Act.


114 HR 2900 IH: Mountains to Sound Greenway National Heritage Act
U.S. House of Representatives
2015-06-25
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. 2900
		IN THE HOUSE OF REPRESENTATIVES

			June 25, 2015
			Mr. Reichert (for himself and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To establish the Mountains to Sound Greenway National Heritage Area in the State of Washington, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Mountains to Sound Greenway National Heritage Act. 2.PurposesThe purposes of this Act include—
 (1)to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the study entitled Mountains to Sound Greenway National Heritage Area Feasibility Study dated April 2012;
 (2)to recognize the heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway;
 (3)to preserve, support, conserve, and interpret the legacy of natural resource conservation and community stewardship, passed from generation-to-generation within the Heritage Area;
 (4)to promote heritage, cultural, and recreational tourism and to develop educational and cultural programs for visitors and the general public;
 (5)to recognize and interpret important events and geographic locations representing key developments in the creation of America, particularly the settlement of the American West and the stories of diverse ethnic groups, including Indians and others;
 (6)to enhance a cooperative management framework to assist Federal, State, local, and tribal governments, the private sector, and citizens residing in the Heritage Area in conserving, supporting, managing, enhancing, natural, and recreational sites in the Heritage Area;
 (7)to recognize and interpret the relationship between land and people, representing broad American ideals demonstrated through the integrity of existing resources within the Heritage Area; and
 (8)to support working relationships between public land managers and the community by creating relevant linkages between the National Park Service, the Forest Service, other relevant Federal agencies, Indian tribes, State and local governments and agencies, and community stakeholders within and surrounding the Heritage Area in order to protect, enhance, and interpret cultural and natural resources within the Heritage area.
 3.DefinitionsIn this Act: (1)Heritage areaThe term Heritage Area means the Mountains to Sound Greenway National Heritage Area established in this Act.
 (2)Local coordinating entityThe term local coordinating entity means the entity selected by the Secretary under this Act. (3)Management planThe term management plan means the management plan for the Heritage Area required under section 4.
 (4)MapThe term Map means the map titled Mountains to Sound Greenway National Heritage Area Proposed Boundary numbered 584/125,484, and dated August 2014. (5)SecretaryThe term Secretary means the Secretary of the Interior.
 (6)StateThe term State means the State of Washington. (7)TribalThe term tribal means the federally recognized Indian tribes with usual and accustomed places in the Heritage Area, including the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Indian tribes.
			4.Designation of the Mountains to Sound Greenway National Heritage Area
 (a)EstablishmentThere is established in the State the Mountains to Sound Greenway National Heritage Area. (b)BoundariesThe Heritage Area shall consist of land located in King and Kittitas Counties in the State, as generally depicted on the map.
 (c)MapThe map shall be on file and available for public inspection in the appropriate offices of the National Park Service, the United States Forest Service, and the local coordinating entity.
 (d)Local coordinating entityThe Secretary shall designate a willing local unit of government or a non-profit organization to serve as the coordinating entity for the Heritage Area within 120 days of the enactment of this Act.
			5.Management plan
 (a)In generalNot later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
 (b)RequirementsThe management plan shall— (1)incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area;
 (2)take into consideration Federal, State, and local plans; (3)include—
 (A)an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area which relate to the national importance and themes of the Heritage Area that should be conserved and enhanced;
 (B)a description of strategies and recommendations for conservation, funding, management, and development of the Heritage Area;
 (C)a description of the actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, historical, scenic, and recreational resources of the Heritage Area;
 (D)a program of implementation for the management plan by the local coordinating entity, including— (i)performance goals; and
 (ii)commitments for implementation made by partners; (E)the identification of sources of funding for carrying out the management plan;
 (F)analysis and recommendations for means by which Federal, State, and local programs may best be coordinated to carry out this section;
 (G)an interpretive plan for the Heritage Area; (H)recommended policies and strategies for resource management, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historical, scenic, and recreational resources of the Heritage Area; and
 (I)a definition of the roles of the National Park Service, the Forest Service and other Federal agencies in the coordination of the Heritage Area and in otherwise furthering the purposes of this Act.
 (c)DeadlineIf a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of the enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives and approves the management plan.
			(d)Approval or disapproval of management plan
 (1)In generalNot later than 180 days after the date of receipt of the proposed management plan, the Secretary, in consultation with the State, shall approve or disapprove the management plan.
 (2)Criteria for approvalIn determining whether to approve the management plan, the Secretary shall consider whether— (A)the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
 (B)the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, historical, scenic, and recreational resources of the Heritage Area.
 (e)Action following disapprovalIf the Secretary disapproves the management plan, the Secretary shall— (1)advise the local coordinating entity in writing of the reasons for the disapproval;
 (2)make recommendations to the local coordinating entity for revisions to the management plan; and (3)not later than 180 days after the receipt of any revised management plan from the local coordinating entity, approve or disapprove the revised management plan.
 (f)AmendmentsThe Secretary shall review and approve or disapprove in the same manner as the original management plan, each amendment to the management plan that makes a substantial change to the management plan, as determined by the Secretary. The local coordinating entity shall not carry out any amendment to the management plan until the date on which the Secretary has approved the amendment.
			6.Administration
 (a)AuthoritiesFor purposes of implementing the management plan, the Secretary and Forest Service may— (1)provide technical assistance for the implementation of the management plan;
 (2)enter into cooperative agreements with the local coordinating entity, State and local agencies, and other interested parties to carry out this Act, including cooperation and cost sharing as appropriate to provide more cost-effective and coordinated public land management; and
 (3)the authority of the Secretary to provide technical assistance under this Act terminates on the date that is 15 years after the date of the enactment of this Act.
 (b)Local coordinating entity authoritiesFor purposes of implementing the management plan, the local coordinating entity may— (1)make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;
 (2)enter into cooperative agreements with, or provide technical assistance to, Federal agencies, the State or political subdivisions of the State, nonprofit organizations, and other interested parties;
 (3)hire and compensate staff, including individuals with expertise in natural, cultural, historical, scenic, and recreational resource protection and heritage programming;
 (4)obtain money or services from any source, including any money or services that are provided under any other Federal law or program;
 (5)contract for goods or services; and (6)undertake to be a catalyst for other activities that—
 (A)further the purposes of the Heritage Area; and (B)are consistent with the management plan.
 (c)Local coordinating entity dutiesThe local coordinating entity shall— (1)in accordance with section 4, prepare and submit a management plan to the Secretary;
 (2)assist units of Federal, State, and local government, regional planning organizations, non-profit organizations, and other interested parties in carrying out the approved management plan by—
 (A)carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;
 (B)establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C)developing recreational and educational opportunities in the Heritage Area; and
 (D)increasing public awareness of, and appreciation for, the natural, cultural, historical, scenic, and recreational resources of the Heritage Area;
 (3)consider the interests of diverse units of government, business, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;
 (4)conduct meetings open the public at least semiannually regarding the development and implementation of the management plan;
 (5)encourage, by appropriate means, economic viability that is consistent with the Heritage Area; (6)submit a report to the Secretary every five years after the Secretary has approved the management plan, specifying—
 (A)the expenses and income of the local coordinating entity; and (B)significant grants or contracts made by the local coordinating entity to any other entity over the 5-year period that describes the activities, expenses, and income of the local coordinating entity (including grants from the local coordinating entity to any other entity during the year that the report is made).
 (7)Prohibition on acquisition of real propertyThe local coordinating entity may not acquire real property or interest in real property through condemnation.
 (d)Use of Federal fundsNothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.
			7.Relationship to other Federal agencies
 (a)In generalNothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law.
 (b)Consultation and coordinationAny Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the local coordinating entity to the maximum extent practicable.
 (c)Other Federal agenciesNothing in this Act— (1)modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
 (2)limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
 (3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
 8.Private property and regulatory protectionsNothing in this Act— (1)abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
 (2)requires any property owner— (A)to allow public access (including access by Federal, State, or local agencies) to the property of the property owner; or
 (B)to modify public access or use of property of the property owner under any other Federal, State, or local law;
 (3)alters any duly adopted land use regulation, approved land use plan, or other regulatory of any Federal, State, tribal, or local agency;
 (4)conveys any land use or other regulatory authority to the local coordinating entity, including but not necessarily limited to development and management of energy or water or water-related infrastructure;
 (5)authorizes or implies the reservation or appropriation of water or water rights; (6)diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area;
 (7)creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property;
 (8)affects current or future grazing permits, leases, or allotment on Federal lands; or (9)affects the construction, operation, maintenance or expansion of current or future water projects, including water storage, hydro-electric facilities, or delivery systems.
			9.Evaluation and report
 (a)In generalNot later than 15 years after the date of the enactment of this Act, the Secretary shall— (1)conduct an evaluation of the accomplishments of the Heritage Area; and
 (2)prepare a report in accordance with subsection (c). (b)EvaluationAn evaluation conducted under subsection (a)(1) shall—
 (1)assess the progress of the local coordinating entity with respect to— (A)accomplishing the purposes of the Heritage Area; and
 (B)achieving the goals and objectives of the management plan; (2)analyze the investments of Federal, State, tribal, and local governments and private entities in the Heritage Area to determine the impact of the investments; and
 (3)review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
 (c)ReportBased on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that includes recommendations for the future role of the National Park Service with respect to the Heritage Area.


113 HR 4100 IH: Local Organization Cooperative Agreement for Land and Facility Maintenance Act of 2014
U.S. House of Representatives
2014-02-26
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
		113th CONGRESS
		2d Session
		H. R. 4100
		IN THE HOUSE OF REPRESENTATIVES

			February 26, 2014
			Mr. Cotton (for himself, Mr. Graves of Missouri, Mr. Thompson of Pennsylvania, Mr. Griffin of Arkansas, Mr. Womack, Mr. Broun of Georgia, Mr. Bridenstine, and Mr. Crawford) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To amend the Water Resources Development Act of 1992 to permit the collection of user fees by
			 non-Federal entities in connection with the challenge cost-sharing program
			 for management of recreation facilities, and for other purposes.

		1.Short titleThis Act may be cited as the Local Organization Cooperative Agreement for Land and Facility Maintenance Act of 2014 or the LOCAL Act of 2014.
		2.Challenge cost-sharing program for management of recreation facilitiesSection 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) is amended—
			(1)by redesignating subsection (c) as subsection (d); and
			(2)by inserting after subsection (b) the following:

					(c)User fees
						(1)Collection of feesThe Secretary may permit a non-Federal public or private entity that has entered into an agreement
			 pursuant to subsection (b) to collect user fees for the use of developed
			 recreation sites and facilities, whether developed or constructed by such
			 entity or the Department of the Army.
						(2)Use of feesA non-Federal public or private entity collecting user fees pursuant to paragraph (1) may—
							(A)retain up to 100 percent of the fees collected, as determined by the Secretary; and
							(B)use that amount, as approved by the Secretary, for operation, maintenance, and management at the
			 recreation site where collected, notwithstanding section 210(b)(4) of the
			 Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)).
							(3)Terms and conditionsThe authority of a non-Federal public or private entity under this subsection shall be subject to
			 such terms and conditions as the Secretary determines necessary to protect
			 the interests of the United States..


110 HR 1435 IH: Department of Veterans Affairs Claims Backlog Reduction Act of 2007
U.S. House of Representatives
2007-03-09
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
110th CONGRESS
1st Session
H. R. 1435
IN THE HOUSE OF REPRESENTATIVES

March 9, 2007
Mr. Baca introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL
To direct the Secretary of Veterans Affairs to conduct a pilot program to reduce the backlog of claims for benefits pending with the Department of Veterans Affairs.

1.Short titleThis Act may be cited as the Department of Veterans Affairs Claims Backlog Reduction Act of 2007.
2.FindingsCongress finds the following:
(1)There are more than 500,000 veterans who have claims pending with the Department of Veterans Affairs for benefits, and approximately 100,000 of such claims are over one year old without resolution.
(2)37 States have established, over time, a nationwide system of County Veterans Service Officers, which now includes more than 2,400 full-time employees and numerous part-time employees, to assist veterans to file claims with the Veterans Administration, as well as to provide information on the various State benefits available to veterans.
(3)The County Veterans Service Officers are an arm of local government and therefore, the Department of Veterans Affairs, the various State Veterans Agencies or Departments, and County Veterans Service Officers should cooperate more closely, as governmental agencies, and share information so that all such agencies can better assist the Nation’s veterans.
(4)The majority of County Veterans Service Officers are accredited by the Department of Veterans Affairs, or by the appropriate State Department of Veterans Affairs, or both, in addition to being accredited by various veterans’ service organizations.
(5)These County Veterans Service Officers represent a highly trained and dedicated work force that stands ready to assist the Department of Veterans Affairs.
3.DefinitionsIn this Act:
(1)The term claimant means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs.
(2)The term County Veterans Service Officer means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or county veterans benefit program.
(3)The term injury or illness claim means a claim for benefits that is documented as being service-connected.
(4)The term presumptive claim means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment.
(5)The term statutory claims means those claims for benefits defined in section 5101 of title 38, United States Code.
(6)The term specific claims includes statutory claims, presumptive claims, and injury or illness claims.
(7)The term ready to be rated means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability.
(8)The term State has the meaning given that term in section 101(20) of title 38, United States Code.
4.Pilot program to reduce backlog of veterans’ claims
(a)Pilot programThe Secretary of Veterans Affairs shall conduct a pilot program to reduce the backlog of claims for benefits pending with the Department of Veterans Affairs.
(b)Scope of pilot program
(1)Location of programThe Secretary shall conduct the pilot program with the County Veterans Services Officers located in the following States:
(A)The State of California.
(B)The State of Florida.
(C)The State of Ohio.
(D)The State of South Carolina.
(E)The State of Texas.
(2)Expansion of program to other StatesThe Secretary may expand the pilot program to include the County Veterans Services Officers located in a State not listed in paragraph (1), upon the request of a County Veterans Services Officer located in such State.
(3)Duration of programThe pilot program shall be conducted during the three-year period beginning on the date of the enactment of this Act.
(c)Reduction of backlog of veterans’ claims
(1)Referral of claims to County Veterans Service Officers
(A)Identification of claims backlogIn conducting the pilot program, the Secretary of Veterans Affairs shall identify the backlog of veterans’ claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require further development to be considered ready to be rated.
(B)Referral of certain claimsThe Secretary shall refer those claims identified under subparagraph (A) as requiring further development to a County Veterans Service Officer for such development.
(C)Selection of County Veterans Service OfficerIn referring a claim under subparagraph (B), the Secretary shall select a County Veterans Service Officer for development of such claim based upon the Officer’s geographical proximity to the claimant.
(D)Information required to develop claimA claim referred to a County Veterans Service Officer for development under the pilot program shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to be rated.
(2)Filing of claims with County Veterans Service OfficersClaims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers under the pilot program. Receipt of such a claim by a County Veterans Service Officer under the program shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs.
(d)Development of claims
(1)Development of claims by County Veterans Service OfficerWhen a County Veterans Service Officer receives a claim referred under subsection (c)(1) or receives a claim under subsection (c)(2), the officer shall make personal contact with the claimant, explain the situation, and further develop the claim, with the permission of the claimant.
(2)County Veterans Service Officer as representative of claimantIn developing a claim under this subsection, a County Veterans Service Officer shall act as the advocate of the claimant. In the event of a conflict between the claimant and the Department of Veterans Affairs, the responsibility of the officer is to represent the claimant.
(3)Authority to fully develop claimA County Veterans Service Officer to whom a claim is referred under subsection (c)(1) or who receives a claim under subsection (c)(2) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated.
(4)ProcedureOnce the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under subsection (c)(1)(D) and a statement from the County Veterans Service Officer indicating that the claim is ready to be rated.
(5)Fully developed claimsFor purposes of this subsection, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that are necessary and available to the officer to develop the claim in accordance with the specification under subsection (c)(1)(D) and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim.
(6)Cooperation with a veterans service organizationFor purposes of the pilot program, if a claimant whose claim is being developed under this section has established a power of attorney through a veterans service organization, the County Veterans Service Officer shall work through and in cooperation with such veterans service organization to develop the claim.
(e)Information sharing
(1)Access to Benefits Delivery NetworkUnder the pilot program, veterans’ information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Officers in order to provide County Veterans Service Officers with online access to client information contained in the Department of Veterans Affairs database.
(2)Availability of electronic filesSubject to the requirements of subchapter III of Chapter 57 of title 38, United States Code, the Secretary shall make available to a County Veterans Service Officer all appropriate electronic files concerning the claimant for whom the officer is developing a claim.
(3)Use of informationInformation provided or made available under this subsection shall be used by County Veterans Service Officers to develop veterans’ claims under the pilot program and for no other purpose.
(f)ReportNot later than 180 days after the completion of the pilot program under this section, the Secretary shall submit to Congress a report on the program containing the following information:
(1)The original backlog number per State participating in the program.
(2)The final backlog number per State at the completion of the program.
(3)The total reduction of the backlog in each State participating in the program.
(4)The number of claims, per State, referred by the Department of Veterans Affairs to County Veterans Service Officers for development.
(5)The number of such claims, per State, returned to the Department of Veterans Affairs as ready to be rated, after being referred to a County Veterans Service Officer under subsection (c)(1).
(6)The number of new claims, per State, filed with a County Veterans Service Officer under subsection (c)(2), transmitted to the Department of Veterans Affairs as fully developed.
5.FundingThere are authorized to be appropriated, for each State participating in the pilot program under section 4, such sums as may be necessary to carry out the pilot program.


110 HR 2734 IH: Tax Increase Prevention Act of

U.S. House of Representatives
2007-06-14
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
		110th CONGRESS
		1st Session
		H. R. 2734
		IN THE HOUSE OF REPRESENTATIVES

			June 14, 2007
			Mr. Walberg (for
			 himself, Mr. Aderholt,
			 Mr. Akin, Mrs. Bachmann, Mr.
			 Barrett of South Carolina, Mr.
			 Bartlett of Maryland, Mr.
			 Bilbray, Mr. Bilirakis,
			 Mr. Bishop of Utah,
			 Mrs. Blackburn,
			 Mr. Blunt,
			 Mr. Boozman,
			 Mr. Brady of Texas,
			 Mr. Buchanan,
			 Mr. Burton of Indiana,
			 Mr. Camp of Michigan,
			 Mr. Campbell of California,
			 Mr. Cantor,
			 Mr. Carter,
			 Mr. Chabot,
			 Mr. Cole of Oklahoma,
			 Mr. Conaway,
			 Mrs. Cubin,
			 Mr. Culberson,
			 Mr. David Davis of Tennessee,
			 Mr. Davis of Kentucky,
			 Mr. Mario Diaz-Balart of Florida,
			 Mrs. Drake,
			 Mr. Duncan,
			 Ms. Fallin,
			 Mr. Feeney,
			 Mr. Flake,
			 Mr. Forbes,
			 Mr. Fortuño,
			 Mr. Franks of Arizona,
			 Ms. Foxx, Mr. Gallegly, Mr.
			 Garrett of New Jersey, Mr.
			 Gingrey, Mr. Gohmert,
			 Mr. Goodlatte,
			 Mr. Heller of Nevada,
			 Mr. Hensarling,
			 Mr. Hoekstra,
			 Mr. Jones of North Carolina,
			 Mr. Jordan of Ohio,
			 Mr. King of Iowa,
			 Mr. Kingston,
			 Mr. Kline of Minnesota,
			 Mr. Knollenberg,
			 Mr. Lamborn,
			 Mr. Lewis of California,
			 Mr. Linder,
			 Mr. Mack, Mr. Manzullo, Mr.
			 McCarthy of California, Mr. McCaul of
			 Texas, Mr. McHenry,
			 Mr. Gary G. Miller of California,
			 Mrs. Myrick,
			 Mr. Neugebauer,
			 Mr. Paul, Mr. Pence, Mr.
			 Pearce, Mr. Pitts,
			 Mr. Poe, Mr. Price of Georgia,
			 Mr. Radanovich,
			 Mr. Rogers of Michigan,
			 Mr. Roskam,
			 Mr. Ryan of Wisconsin,
			 Mr. Sali, Mr. Sensenbrenner, Mr. Sessions, Mr.
			 Shadegg, Mr. Simpson,
			 Mr. Smith of Nebraska,
			 Mr. Souder,
			 Mr. Wamp, Mr. Weldon of Florida,
			 Mr. Wilson of South Carolina, and
			 Mr. Lincoln Diaz-Balart of Florida)
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To make the Economic Growth and Tax Relief Reconciliation
		  Act of 2001 and certain other tax benefits permanent law.

		1.Short titleThis Act may be cited as the
			 Tax Increase Prevention Act of
			 2007.
		2.Tax relief made
			 permanent
			(a)Economic
			 growth and tax relief reconciliation act of 2001Title
			 IX of the Economic Growth and Tax Relief Reconciliation Act of
			 2001 is hereby repealed.
			(b)Income tax rates
			 on dividends and net capital gainSection 303 of the Jobs and
			 Growth Tax Relief Reconciliation Act of 2003 is hereby
			 repealed.
			(c)Deduction for
			 state and local sales taxesParagraph (5) of section 164(b) of
			 the Internal Revenue Code of 1986 is amended by striking
			 subparagraph (I).
			(d)Deduction for
			 tuition and related expensesSection 222 of such Code is amended by
			 striking subsection (e).
			(e)Increased
			 expensing for small business
				(1)Dollar
			 limitationParagraph (1) of
			 section 179(b) of such Code (relating to dollar limitation) is amended by
			 striking $25,000 ($125,000 in the case of taxable years beginning after
			 2006 and before 2011) and inserting $125,000.
				(2)Increase in
			 qualifying investment at which phaseout beginsParagraph (2) of
			 section 179(b) of such Code (relating to reduction in limitation) is amended by
			 striking $200,000 ($500,000 in the case of taxable years beginning after
			 2006 and before 2011) and inserting $500,000.
				(3)Inflation
			 adjustmentsSection 179(b)(5)(A) of such Code (relating to
			 inflation adjustments) is amended by striking and before
			 2011.
				(4)Revocation of
			 electionSection 179(c)(2) of such Code (relating to election
			 irrevocable) is amended by striking and before 2011.
				(5)Computer
			 softwareClause (ii) of
			 section 179(d)(1)(A) of such Code is amended by striking and before
			 2011.
				(f)Research
			 credit
				(1)In
			 generalSection 41 of such Code is amended by striking subsection
			 (h) (relating to termination).
				(2)Conforming
			 amendmentParagraph (1) of
			 section 45C(b) of such Code is amended by striking subparagraph (D).
				(3)Effective
			 dateThe amendments made by this subsection shall apply to
			 amounts paid or incurred after December 31, 2007.
				(g)Effective
			 dateExcept as provided in subsection (f), the amendments made by
			 this section shall take effect on the date of the enactment of this Act.
			3.Sense of the
			 congress regarding simplifying the federal income tax system
			(a)FindingsThe Congress finds that—
				(1)the average time
			 burden for all taxpayers filing a Form 1040 Federal income tax return is 30
			 hours,
				(2)more than 6 in 10
			 Americans now hire someone to help prepare their tax returns every year,
			 and
				(3)the hundreds of
			 billions of dollars spent each year complying with the Federal tax system could
			 be used more efficiently by families and businesses to grow the Nation's
			 economy and create jobs.
				(b)Sense of
			 congressIt is the sense of the House of Representatives that the
			 Committee on Ways and Means should report legislation on or before December 31,
			 2008, to simplify the Federal income tax system, ensuring that the system is
			 equitable, economically efficient, simple, transparent and administrable,
			 without raising tax rates.


		II
		109th CONGRESS
		2d Session
		S. 3844
		IN THE SENATE OF THE UNITED STATES

			September 5, 2006
			Mr. Nelson of Nebraska
			 introduced the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for the investment of all funds collected from
		  the tariff on imports of ethanol in the research, development, and deployment
		  of biofuels, especially cellulosic ethanol produced from biomass
		  feedstocks.

		1.Short titleThis Act may be cited as the
			 Biofuels Investment Trust Fund
			 Act.
		2.Biofuels Investment
			 Trust Fund
			(a)Establishment
				(1)In
			 generalThere is established in the Treasury of the United States
			 a trust fund, to be known as the Biofuels Investment Trust Fund
			 (referred to in this Act as the Trust Fund), consisting of such
			 amounts as may be transferred to the Trust Fund under paragraph (2).
				(2)TransferBeginning
			 on January 1, 2007, the Secretary of the Treasury shall transfer to the Trust
			 Fund, from amounts in the general fund of the Treasury, such amounts as the
			 Secretary of the Treasury determines to be equivalent to the amounts received
			 in the general fund that are attributable to duties received on articles
			 entered under heading 9901.00.50 of the Harmonized Tariff Schedule of the
			 United States.
				(b)Expenditures
			 from Trust Fund
				(1)In
			 generalThe Secretary of Energy, in consultation with the
			 Secretary of Agriculture and the Secretary of the Treasury, shall use amounts
			 in the Trust Fund to provide financial assistance for research, development,
			 and deployment programs for biofuels to increase the amount and diversity of
			 biofuels produced in the United States and made available to consumers,
			 especially for cellulosic ethanol production from biomass feedstocks.
				(2)RequirementsThe
			 Secretary of Energy shall ensure that amounts made available under paragraph
			 (1) shall be used only—
					(A)to provide
			 financial assistance to farmers, producers, biorefiners, researchers,
			 universities, and other persons or entities involved in the research,
			 development, deployment, or production of biofuels, especially the production
			 of biomass feedstock for cellulosic ethanol production; or
					(B)as otherwise
			 directed by Congress to advance research, development, and deployment of
			 biofuels, especially cellulosic ethanol produced from biomass
			 feedstocks.
					(c)Investment of
			 amounts
				(1)In
			 generalThe Secretary of the Treasury shall invest such portion
			 of the Trust Fund as is not, in the judgment of the Secretary of the Treasury,
			 required to meet current withdrawals.
				(2)Interest-bearing
			 obligationsInvestments may be made only in interest-bearing
			 obligations of the United States.
				(3)Acquisition of
			 obligationsFor the purpose of investments under paragraph (1),
			 obligations may be acquired—
					(A)on original issue
			 at the issue price; or
					(B)by purchase of
			 outstanding obligations at the market price.
					(4)Sale of
			 obligationsAny obligation acquired by the Trust Fund may be sold
			 by the Secretary of the Treasury at the market price.
				(5)Credits to
			 Trust FundThe interest on, and the proceeds from the sale or
			 redemption of, any obligations held in the Trust Fund shall be credited to and
			 form a part of the Trust Fund.
				(d)Transfers of
			 amounts
				(1)In
			 generalThe amounts required to be transferred to the Trust Fund
			 under subsection (a)(1) shall be transferred at least quarterly from the
			 general fund of the Treasury to the Trust Fund on the basis of estimates made
			 by the Secretary of the Treasury.
				(2)AdjustmentsProper
			 adjustment shall be made in amounts subsequently transferred to the extent
			 prior estimates were in excess of or less than the amounts required to be
			 transferred.


		I
		112th CONGRESS
		1st Session
		H. R. 1487
		IN THE HOUSE OF REPRESENTATIVES

			April 12, 2011
			Mr. Israel introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act to ban
		  the use of the arsenic compound known as roxarsone as a food
		  additive.

		1.Short titleThis Act may be cited as the
			 Poison-Free Poultry Act of
			 2011.
		2.Ban on use of arsenic
			 compound known as roxarsone as food additive
			(a)BanSection 409 of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 348) is amended by adding at the end the
			 following:

					(k)Ban on use of
				arsenic compound roxarsoneThe arsenic compound known as
				roxarsone—
						(1)shall not be subject to section 201(s)(4);
				and
						(2)is deemed to be an
				unsafe food additive within the meaning of this
				section.
						.
			(b)Effective
			 dateThe amendment made by this section shall take effect one
			 year after the date of the enactment of this Act.


116 HR 6791 IH: COVID-19 Safe Home Appraisal Act of 2020
U.S. House of Representatives
2020-05-08
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.

I116th CONGRESS2d SessionH. R. 6791IN THE HOUSE OF REPRESENTATIVESMay 8, 2020Mr. Sherman (for himself and Ms. Waters) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Veterans' Affairs, 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 waive certain requirements with respect to in-person appraisals, and for other purposes.1.Short titleThis Act may be cited as the COVID-19 Safe Home Appraisal Act of 2020.2.Congressional findingsThe Congress finds that as the United States continues to grapple with the impact of the spread of Coronavirus Disease 2019 (COVID–19), several adjustments are needed to ensure that mortgage processing can continue to function without significant delays, despite requirements that would otherwise require in-person interactions.3.Waiver of in-person appraisal requirements(a)WaiverDuring the period that begins upon the date of the enactment of this Act and ends on the date of the termination by the Federal Emergency Management Agency of the emergency declared on March 13, 2020, by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic, any appraisal that is conducted for a loan for a single-family residential property with respect to which applicable law or policy would otherwise require the performance of an interior inspection may be performed without an interior inspection, if—(1)an exterior-only inspection appraisal is performed in conjunction with other methods, including borrower (or prospective borrower) observations or verifiable contemporaneous video or photographic documentation by the borrower (or prospective borrower), to the extent they are available;(2)the applicable lender, guarantor, regulating agency, or insurer may order additional services to include an interior inspection at a later date; and(3)the lender certifies that an appraiser rejected the assignment over health and safety concerns related to Coronavirus Disease 2019 (COVID-19).(b)Exception to exterior only appraisalsIf an exterior-only inspection appraisal pursuant to subsection (a)(1) is prevented by State or local laws or orders, a desktop appraisal shall be utilized in conjunction with other methods, including borrower (or prospective borrower) observations or verifiable contemporaneous video or photographic documentation by the borrower (or prospective borrower), to the extent they are available.(c)StipulationAn appraiser conducting an appraisal without an interior inspection pursuant to this section shall stipulate an extraordinary assumption that the property’s interior quality, condition, and physical characteristics are as described and consistent with the exterior view, and shall employ all available methods to maximize accuracy while maintaining safety.(d)RulemakingNot later than the end of the 7-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, the Secretary of Agriculture, the Secretary of Veterans Affairs, and the Director of the Federal Housing Finance Agency shall issue such rules or guidance as may be necessary to ensure that such agencies, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and the Federal home loan banks make any adjustments to single-family mortgage processing requirements that may be necessary to provide flexibility to avoid in-person interactions while preserving the goals of the programs and consumer protection.


115 SRES 625 ATS: Designating the week beginning September 9, 2018, as “National Direct Support Professionals Recognition Week”.
U.S. Senate
2018-09-12
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.

III115th CONGRESS2d SessionS. RES. 625IN THE SENATE OF THE UNITED STATESSeptember 12, 2018Mr. Cardin (for himself, Ms. Collins, Mr. King, Mr. Brown, Mr. Markey, Mr. Murphy, Mr. Menendez, Ms. Warren, Ms. Klobuchar, Mr. Blumenthal, Ms. Hassan, Mr. Jones, Mr. Van Hollen, Mr. Casey, Ms. Baldwin, and Mr. Donnelly) submitted the following resolution; which was referred to the Committee on the JudiciarySeptember 26, 2018Committee discharged; considered and agreed toRESOLUTIONDesignating the week beginning September 9, 2018, as National Direct Support Professionals Recognition Week.

 Whereas direct support professionals, including direct care workers, personal assistants, personal attendants, in-home support workers, and paraprofessionals, are key to providing publicly funded, long-term support and services for millions of individuals with disabilities;
 Whereas direct support professionals provide essential support that ensures that individuals with disabilities are—
 (1)included as a valued part of the community of the individual; (2)supported at home, at work, and in the communities of the United States; and
 (3)empowered to live with the dignity that all people of the United States deserve; Whereas all communities have a stake in ensuring that individuals with disabilities thrive through the connections of the individuals to their families, friends, and communities, fostered by the direct support professionals of those individuals, so as to avoid more costly institutional care;
 Whereas direct support professionals support individuals with disabilities by helping those individuals make person-centered choices that lead to meaningful, productive lives;
 Whereas direct support professionals must build close, respectful, and trusting relationships with individuals with disabilities;
 Whereas direct support professionals provide a broad range of individualized support to individuals with disabilities, including—
 (1)assisting with the preparation of meals; (2)helping with medication;
 (3)assisting with bathing, dressing, and other aspects of daily living; (4)assisting with access to the environment of the individuals;
 (5)providing transportation to school, work, religious, and recreational activities; and (6)helping with general daily affairs, such as assisting with financial matters, medical appointments, and personal interests;
 Whereas there is a documented critical and increasing shortage of direct support professionals throughout the United States;
 Whereas direct support professionals are a critical element in supporting— (1)individuals who are receiving health care services for severe chronic health conditions and individuals with functional limitations; and
 (2)the successful transition of individuals from medical events to post-acute care and long-term support and services;
 Whereas many direct support professionals are the primary financial providers for their families; Whereas direct support professionals are hardworking, taxpaying citizens who provide an important service to people with disabilities in the United States, yet many continue to earn low wages, receive inadequate benefits, and have limited opportunities for advancement, resulting in high turnover and vacancy rates that adversely affect the quality of support, safety, and health of individuals with disabilities;
 Whereas the Supreme Court of the United States, in Olmstead v. L.C. by Zimring, 527 U.S. 581 (June 22, 1999)—
 (1)recognized the importance of the deinstitutionalization of, and community-based services for, individuals with disabilities; and
 (2)held that, under the Americans with Disabilities Act of 1990 (42 U.S. 12101 et seq.), a State must provide community-based services to persons with intellectual and developmental disabilities if—
 (A)the community-based services are appropriate; (B)the affected person does not oppose receiving the community-based services; and
 (C)the community-based services can be reasonably accommodated after the community has taken into account the resources available to the State and the needs of other individuals with disabilities in the State; and
 Whereas, in 2018, the majority of direct support professionals are employed in home- and community-based settings and that trend will increase over the next decade: Now, therefore, be it

 That the Senate— (1)designates the week beginning September 9, 2018, as National Direct Support Professionals Recognition Week;
 (2)recognizes the dedication and vital role of direct support professionals in enhancing the lives of individuals with disabilities of all ages;
 (3)appreciates the contribution of direct support professionals in supporting individuals with disabilities and their families in the United States;
 (4)commends direct support professionals for being integral to the provision of long-term support and services for individuals with disabilities;
 (5)encourages the Bureau of Labor Statistics of the Department of Labor to collect data specific to direct support professionals; and
 (6)finds that the successful implementation of the public policies affecting individuals with disabilities in the United States depends on the dedication of direct support professionals.