114 HR 581 IH: National Heritage Area Act of 2015
U.S. House of Representatives
2015-01-28
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. 581
IN THE HOUSE OF REPRESENTATIVES

January 28, 2015
Mr. Dent (for himself, Mr. Tonko, Mr. Clyburn, Mr. Cartwright, Mr. Meehan, Mr. Marino, Mr. Michael F. Doyle of Pennsylvania, Mr. Cleaver, Mr. Fitzpatrick, Mr. Grijalva, and Mr. Joyce) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To authorize a National Heritage Area Program, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the National Heritage Area Act of 2015. (b)Table of contentsThe table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. National Heritage Area System.
Sec. 5. Feasibility studies.
Sec. 6. Management plan.
Sec. 7. Designation.
Sec. 8. Evaluation.
Sec. 9. Local coordinating entities.
Sec. 10. Relationship to other Federal agencies.
Sec. 11. Property owners and regulatory protections.
Sec. 12. Funding.
Sec. 13. Sunset.
2.Findings and purposes
(a)FindingsThe Congress finds the following: (1)Certain areas of the United States tell nationally significant stories; they illustrate significant aspects of our heritage; possess exceptional natural, cultural, scenic, and historic resources; and represent the diversity of our national character.
(2)In these areas, the interaction of natural processes, geography, history, cultural traditions, and economic and social forces form distinctive landscapes that should be recognized, conserved, enhanced, and interpreted to improve the quality of life in the regions and to provide opportunities for public appreciation, education, enjoyment, and economic sustainability. (3)Local initiatives based on community and regional visions, involving public/private partnerships, are critical to conserving, enhancing, and interpreting natural, historic, scenic, and cultural resources related to our American heritage. These initiatives should be encouraged and supported by the Federal Government with the concurrence of the relevant Federal land management agencies and tribal governments by providing financial and technical assistance.
(4)Partnerships among Federal, State, tribal, and local governments, nonprofit organizations, the private sector, and citizens provide the most viable framework to recognize, conserve, enhance, and interpret the resources of places that have made important contributions to the national story. (5)Communities and regions need assistance to set resource stewardship and interpretive goals, and to implement strategies for resource conservation and renewed economic viability in these areas.
(6)A unified national process as well as certain standards for designation of National Heritage Areas need to be established to provide a consistent framework. The process should include a system for approval of heritage area management plans. (7)National Heritage Areas located near or encompassing units of the National Park System provide an additional basis for public enjoyment of parks and park-related resources, and it is appropriate for these parks to participate in, assist with, and benefit from local heritage initiatives that conserve and interpret resources over a larger area beyond the park’s boundaries.
(8)It is in the national interest, and will benefit future generations, to establish a system of National Heritage Areas to encourage natural and cultural resource conservation, interpretation, enhancement, and economic sustainability, and for full public understanding and appreciation of the many resources, places, events, and peoples that have contributed to the rich heritage of this Nation. (b)PurposesThe purposes of this Act are to—
(1)establish a system of regional and community-based National Heritage Areas to conserve, enhance, and interpret natural, historic, scenic, and cultural resources that together tell nationally significant stories representing our country’s heritage; (2)promote public understanding, appreciation and enjoyment of the many places, events, and people that have contributed to our diverse national story;
(3)promote innovative and partnership-driven management strategies that recognize regional values, to encourage locally tailored resource stewardship and interpretation, to develop economically viable and innovative approaches to community conservation, and to provide for the effective leveraging of Federal funds with State, local, tribal, and private funding sources; (4)provide unified national standards and processes for conducting feasibility studies, designating National Heritage Areas, and approving heritage area management plans;
(5)provide appropriate linkages among units of the National Park System, and communities, governments, and organizations within National Heritage Areas to conserve, enhance, and interpret resources outside of park boundaries; and (6)authorize the Secretary of the Interior to provide financial and technical assistance to local coordinating entities that act as a catalyst for diverse regions, communities, organizations, and citizens to undertake projects and programs for resource stewardship and interpretation.
3.DefinitionsIn this Act: (1)Feasibility studyThe term feasibility study means a study conducted by the Secretary of the Interior, or conducted by one or more other interested parties and reviewed by the Secretary, in accordance with the criteria and processes outlined in this Act, to determine whether an area meets the criteria to be designated as a National Heritage Area by Congress.
(2)Local coordinating entityThe term local coordinating entity means the entity designated by Congress to undertake, in partnership with others, the management plan and to act as a catalyst for implementation projects and programs among diverse partners in a National Heritage Area. (3)Management planThe term management plan means the plan prepared by the local coordinating entity for a National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations taken to meet the goals of the heritage area as specified in this Act.
(4)National heritage areaThe term National Heritage Area means a region designated by Congress that tells nationally significant stories representing our American heritage. (5)Proposed national heritage areaThe term proposed National Heritage Area is an area or corridor under study by the Secretary of the Interior or other parties for potential designation by Congress as a National Heritage Area.
(6)SecretaryThe term Secretary means the Secretary of the Interior. (7)National Heritage Area SystemThe term National Heritage Area System means the system of National Heritage Areas established by this Act.
(8)Tribal governmentThe term tribal government means the governing body of an Indian tribe, band, nation, or other organized group or community of Indians that is recognized by the Secretary as having a government-to-government relationship with the United States and is eligible for the special programs and services provided by the United States to Indians because of their status as Indians, as evidenced by inclusion of the tribe on the list of recognized tribes published by the Secretary under the Federally Recognized Indian Tribe List Act of 199 (25 U.S.C. 479a). (9)Tribal landsThe term tribal lands means—
(A)all lands within the exterior boundaries of any Indian reservation; (B)all lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation; and
(C)all dependent Indian communities. 4.National Heritage Area System (a)In generalIn order to recognize certain areas of the United States that tell nationally significant stories and to conserve, enhance, and interpret the areas’ natural, historic, scenic, and cultural resources that together illustrate significant aspects of our country’s heritage, there is established a National Heritage Area System through which the Secretary may provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of National Heritage Areas.
(b)National Heritage Area SystemThe National Heritage Area System shall be composed of the following: (1)National Heritage Areas designated before the date of the enactment of this Act.
(2)National Heritage Areas designated under this Act. (c)Relationship to the national park system (1)Relationship to national park unitsThe Secretary shall—
(A)ensure, to the maximum extent practicable, participation and assistance by any unit of the National Park System located near or encompassed by any National Heritage Area in local initiatives for that National Heritage Area that conserve and interpret resources consistent with an approved management plan for the National Heritage Area; and (B)work with National Heritage Areas to promote public enjoyment of units of the National Park System and park-related resources.
(2)Applicability of lawsNational Heritage Areas shall not be— (A)considered to be units of the National Park System; or
(B)subject to the authorities applicable to units of the National Park System. (d)DutiesUnder the National Heritage Area System, the Secretary shall—
(1)undertake studies as directed by Congress through legislation to assess the feasibility of designating proposed National Heritage Areas or review and comment on studies undertaken by other parties for this purpose as provided in this Act; (2)review and approve or disapprove the management plan for a National Heritage Area as provided in this Act;
(3)submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate reports describing the activities conducted with respect to National Heritage Areas in accordance with this Act; and (4)conduct an evaluation of the accomplishments and prepare a report with recommendations for the National Park Service’s future role with respect to each designated National Heritage Area as provided in this Act.
(e)AuthoritiesIn carrying out this Act, the Secretary may— (1)provide technical and financial assistance in accordance with the provisions of section 10, and the amounts authorized under section 12, on a reimbursable or nonreimbursable basis as determined by the Secretary in the development and implementation of management plans and for administrative functions for designated National Heritage Areas;
(2)enter into cooperative agreements with other Federal agencies, State, tribal and local governments, local coordinating entities, and other interested parties to carry out the purposes of this Act; (3)provide information, promote understanding, and encourage research on National Heritage Areas in partnership with local coordinating entities; and
(4)provide national oversight, analysis, coordination, technical and financial assistance, and support to ensure consistency and accountability of the National Heritage Area System. 5.Feasibility studiesThe Secretary, in undertaking a feasibility study, or reviewing a feasibility study conducted by others, shall apply the following criteria to determine the suitability and feasibility of designating a proposed National Heritage Area:
(1)The proposed area is worthy of designation as a National Heritage Area because— (A)the area includes natural, historic, cultural, or scenic resources that are associated with nationally significant themes and events and these resources—
(i)combine to form a distinct and cohesive landscape; and (ii)retain enough integrity to support the themes and events associated with the area’s national importance; and
(B)the area provides opportunities to conserve natural, historic, cultural, or scenic resource through local and regional partnerships. (2)A conceptual boundary for the proposed area is developed based upon community input and the resources and themes that support the area’s national importance.
(3)Residents, business interests, nonprofit organizations, and governments, including Federal land management agencies and tribal governments within the proposed area, have been involved in the feasibility study process and have demonstrated significant support through letters and other means for National Heritage Area designation. (4)A local coordinating entity has been selected to operate the proposed heritage area’s activities and the organization is supported by residents, business interests, nonprofit organizations, and governments within the proposed area.
(5)The recommendations put forth in the feasibility study are consistent with continued economic activity within the area. 6.Management planThe plan for any National Heritage Area shall—
(1)use a comprehensive planning approach that includes— (A)opportunities for stakeholders, such as community members, local and regional governments, tribes, businesses, nonprofit organizations, and others, to be involved in the planning process;
(B)opportunities for stakeholders to review and comment on the draft plan; and (C)documentation of the planning and public participation processes used to develop the plan, including how it was prepared, who was involved in the process, and how and when the stakeholders were involved;
(2)include an inventory of the natural, historic, cultural, or scenic resources of the National Heritage Area related to the nationally significant themes and events of the region that should be protected, enhanced, interpreted, managed, or developed; (3)identify comprehensive goals, strategies, policies, and recommendations for telling the story of the region’s heritage and encouraging long-term resource protection, enhancement, interpretation, and development;
(4)include recommendations for ways in which local, State, tribal, and Federal entities may best be coordinated, including the role of the National Park Service and other Federal agencies associated with the National Heritage Area, to further the purposes of this Act; (5)outline a strategy for the local coordinating entity to achieve financial sustainability;
(6)include an implementation program that identifies— (A)prioritized actions and criteria for selecting future projects;
(B)the ways in which stakeholders will be involved in their implementation; (C)existing and potential sources of funding;
(D)performance goals; and (E)the manner in which the plan will be evaluated and updated; and
(7)include a business plan for the local coordinating entity that, at minimum, addresses management and operation, products or services offered, the target market for products and services, and revenue streams. 7.Designation (a)In generalThe designation of a National Heritage Area shall be—
(1)by Federal statute; and (2)contingent on the prior completion of a management plan and an affirmative determination by the Secretary that the area meets the criteria required under this Act.
(b)Component of the National Heritage Area SystemAny National Heritage Area designated under subsection (a) shall be a component of the National Heritage Area System established by this Act. 8.Evaluation (a)In generalNot later than every 10 years after the date on which of the National Heritage Area occurs, the Secretary shall conduct an evaluation of the accomplishments of the National Heritage Area and prepare a report with recommendations for the National Park Service’s continued role with respect to the National Heritage Area.
(b)Evaluation componentsAn evaluation prepared under subsection (a) shall— (1)assess the progress of the local coordinating entity with respect to—
(A)accomplishing the purposes of the authorizing legislation for the National Heritage Area; and (B)achieving the goals and objectives of the approved management plan for the National Heritage Area;
(2)analyze the Federal, State, local, and private investments in the National Heritage Area to determine the leverage and impact of the investments; and (3)review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.
(c)RecommendationsBased upon the evaluation under subsection (a), the Secretary shall prepare a report with recommendations for the National Park Service’s continued role with respect to the National Heritage Area. If the report recommends that Federal funding for the National Heritage Area be— (1)continued, the report shall include an analysis of—
(A)ways in which Federal funding for the National Heritage Area may be reduced or eliminated over time; and (B)the appropriate time period necessary to achieve the recommended reduction or elimination; and
(2)eliminated, the report to Congress shall include a description potential impacts on conservation, interpretation, and sustainability of the partnership. (d)Submission to congressOn completion of a report under subsection (c), the Secretary shall submit the report to—
(1)the Committee on Energy and Natural Resources of the Senate; and (2)the Committee on Natural Resources of the House of Representatives.
9.Local coordinating entities
(a)DutiesTo further the purposes of the National Heritage Area, the local coordinating entity shall— (1)prepare and submit a management plan for the National Heritage Area to the Secretary in accordance with section 7;
(2)submit an annual report to the Secretary for any fiscal year in which it receives Federal funds under this Act, setting forth its specific performance goals and accomplishments, expenses and income, amounts and sources of matching funds as appropriate, the amounts leveraged with Federal funds and sources of such leveraging, and grants made to any other entities during the year for which the report is made; (3)make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds; and
(4)encourage by appropriate means economic viability and sustainability that is consistent with the purposes of the National Heritage Area. (b)AuthoritiesThe local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the approved management plan for the National Heritage Area, use Federal funds made available through this Act to—
(1)make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2)enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;
(3)hire and compensate staff which may include individuals with expertise in natural, cultural, and historic resources conservation; economic and community development; and heritage planning; (4)obtain money or services from any source including any that are provided under other Federal laws or programs;
(5)contract for goods or services; and (6)support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.
(c)Prohibitions on the acquisition of real propertyThe local coordinating entity may not use Federal funds received under this Act to acquire any interest in real property. 10.Relationship to other Federal agencies (a)Provision of assistanceThis Act shall not affect the authority of any Federal official to provide technical or financial assistance under any other law.
(b)CoordinationThe head of any Federal agency planning to conduct activities that may have an impact on a designated National Heritage Area shall consult and coordinate these activities with the Secretary and the local coordinating entity. (c)Other laws and regulationsThis Act shall not modify any law or regulation authorizing Federal officials to manage Federal land under their control or limit the discretion of Federal land managers to implement approved land use plans within the boundaries of a National Heritage Area, nor shall this Act be construed to modify, alter, or amend any authorized uses of these Federal lands.
11.Property owners and regulatory protectionsNothing in this Act shall be construed to— (1)abridge the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;
(2)require any property owner to permit public access (including Federal, State, tribal, or local government access) to such property or to modify any provisions of Federal, State, tribal, or local law with regard to public access or use of private lands; (3)alter any duly adopted land use regulation or any approved land use plan or any other regulatory authority of any Federal, State, or local agency or tribal government, or to convey any land use or other regulatory authority to any local coordinating entity;
(4)authorize or imply the reservation or appropriation of water or water rights; (5)diminish the authority of the State to manage fish and wildlife including the regulation of fishing and hunting within the National Heritage Area; or
(6)create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. 12.Funding (a)In general (1)There are authorized to be appropriated to carry out the activities under section 9 not more than $700,000 for any fiscal year for each National Heritage Area, to remain available until expended.
(2)In addition to amounts authorized in paragraph (1), there are authorized to be appropriated to the Secretary— (A)not more than $300,000 for any fiscal year, to conduct feasibility studies by the National Park Service in accordance with the provisions of section 5, with not more than $100,000 allocated in the fiscal year for any one feasibility study for a proposed National Heritage Area; and
(B)not more than $750,000 for any fiscal year, to conduct management plans by the National Park Service in accordance with the provisions of section 6, with not more than $250,000 allocated in the fiscal year for any one management plan for a proposed National Heritage Area. (3)Funding provided under paragraph (2) shall be in the form of grants approved by the National Park Service and provided to the local coordinating entity conducting the feasibility study or management plan.
(b)Matching fundsAs a condition of providing financial assistance under this section to a local coordinating entity, the Secretary shall require the entity to provide matching funds— (1)equal to the amount of the financial assistance provided for designated National Heritage Areas for any fiscal year;
(2)of 25 percent of the total grant amount received for feasibility study; and (3)of 50 percent of the total grant amount received for a management plan. The local coordinating entity’s matching funds shall be—
(A)from non-Federal sources; or (B)made in the form of in-kind contributions of goods or services fairly valued.
(c)AdministrativeThere are authorized to be appropriated to the Secretary such sums as may be necessary for technical assistance, oversight, and administrative purposes. 13.SunsetThe National Heritage Area System established under this Act shall expire on the date that is 10 years after the date of the enactment of this Act.


116 HR 1517 IH: Connecting Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act
U.S. House of Representatives
2019-03-05
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 CONGRESS1st SessionH. R. 1517IN THE HOUSE OF REPRESENTATIVESMarch 5, 2019Mr. DeSaulnier (for himself, Mr. Curtis, and Mr. McAdams) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo require the Secretary of Transportation to carry out a pilot program to develop and provide to
			 States and transportation planning organizations accessibility data sets,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Connecting Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act or the COMMUTE Act. 2.Accessibility data pilot program (a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary) shall carry out an accessibility data pilot program (referred to in this section as the pilot program).
 (b)PurposeThe purpose of the pilot program is to develop or make available an accessibility data set for each eligible entity selected to participate in the pilot program to improve transportation planning of those eligible entities by measuring the level of access by multiple transportation modes to important destinations, such as—
 (1)jobs, including areas with a concentration of available jobs; (2)health care facilities;
 (3)child care services; (4)educational and workforce training facilities;
 (5)affordable housing; and (6)food sources.
 (c)Eligible entitiesAn entity eligible to participate in the pilot program is— (1)a State (as defined in section 101(a) of title 23, United States Code);
 (2)a metropolitan planning organization; or (3)a rural planning organization.
 (d)ApplicationTo be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (e)SelectionThe Secretary shall select eligible entities to participate in the program on a competitive basis, including—
 (1)5 States; (2)10 metropolitan planning organizations, of which—
 (A)5 shall each serve an area with a population of not more than 200,000 people; and (B)5 shall each serve an area with a population of 200,000 or more people; and
 (3)5 rural planning organizations. (f)DutiesFor each eligible entity participating in the pilot program, the Secretary shall—
 (1)develop or acquire an accessibility data set described in subsection (b); and (2)submit the data set to the eligible entity.
 (g)MethodologyIn calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source.
 (h)AvailabilityThe Secretary shall make an accessibility data set under the pilot program available to— (1)units of local government within the jurisdiction of the eligible entity participating in the pilot program; and
 (2)researchers. (i)ReportNot later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities.
 (j)FundingThe Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary.
 (k)SunsetThe pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented.


115 SRES 198 IS: Expressing the sense of the Senate that any sweeping health care legislation must be drafted in public under the watchful eye of the people of the United States.
U.S. Senate
2017-06-21
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.

		III
		115th CONGRESS
		1st Session
		S. RES. 198
		IN THE SENATE OF THE UNITED STATES

			June 21, 2017
			Mr. Tester submitted the following resolution; which was referred to the Committee on Rules and Administration

		RESOLUTION
		Expressing the sense of the Senate that any sweeping health care legislation must be drafted in
			 public under the watchful eye of the people of the United States.

 Whereas the people of the United States deserve and demand that legislation be created through a transparent, bipartisan process to ensure that they can hold their elected representatives accountable;
 Whereas the proper functioning of representative democracy requires full transparency in the legislative process;
 Whereas it has been widely reported that a group of Senators is working privately in a partisan fashion to craft national health care legislation in the Senate;
 Whereas this group is secretly gathering in closed-door meetings that exclude the public and press; Whereas Senate leadership has refused to commit to holding a single public hearing on this legislation before going directly to the Senate floor for a vote;
 Whereas the draft health care legislation under consideration by a secretive group is one of the largest public policy reforms taken up by Congress in generations;
 Whereas this legislation will affect the lives of all people in the United States; Whereas health care constitutes 1/6 of the gross domestic product of the United States; and
 Whereas Congress is elected by the people to serve the people: Now, therefore, be it   That it is the sense of the Senate that the creation of any sweeping health care legislation must be done in a transparent, bipartisan manner in full view of the people of the United States and not behind closed doors.


113 HR 2612 RH: Public Buildings Savings and Reform Act of 2013
U.S. House of Representatives
2014-12-11
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.

IB
Union Calendar No. 493
113th CONGRESS  2d Session
H. R. 2612
[Report No. 113–656]
IN THE HOUSE OF REPRESENTATIVES

July 8, 2013
Mr. Barletta (for himself, Ms. Norton, Mr. Shuster, and Mr. Rahall) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

December 11, 2014
Additional sponsor: Mr. Williams

December 11, 2014
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL
To amend title 40, United States Code, to improve the functioning and management of the Public Buildings Service.

1.Short titleThis Act may be cited as the Public Buildings Savings and Reform Act of 2013.
2.Required offsets for new space
(a)Offsets and freeze of space inventoryChapter 33 of title 40, United States Code, is amended by adding at the end the following:

3317.Offsets and freeze of space inventory
(a)Information in prospectusAny prospectus that proposes new space, whether leased or owned, transmitted pursuant to section 3307(b) for each of fiscal years 2014, 2015, 2016, and 2017 shall contain information outlining the details of the elimination of at least a corresponding amount of space.
(b)Freezing the real estate footprintOn an annual basis, the Administrator shall not increase the size or amount of its real property inventory, leased or owned, as compared to its fiscal year 2012 real property baseline, except in those years in which space offsets have been specifically identified or for emergency or national security purposes as determined by the President. .
(b)Clerical amendmentThe analysis for such chapter is amended by adding at the end the following:

3317. Offsets and freeze of space inventory.  .
3.Minimizing costs of leased space
(a)DefinitionsSection 3301(a) of title 40, United States Code, is amended—
(1)by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
(2)by inserting after paragraph (4) the following:

(5)Maximum rental rateThe term maximum rental rate means the maximum rate, by rentable square feet estimated by the Administrator of General Services for the leasing of commercial space for purposes of a public building in a given geographical location. .
(b)Restrictions on below-Prospectus projectsSection 3307(g) of title 40, United States Code, is amended by adding at the end the following:

(3)Restriction on below-prospectus level
(A)Restriction on rental rateThe Administrator may not lease space at an amount below the average annual rental rate thresholds established pursuant to subsections (a) and (h) and that exceeds the maximum rental rate established by the Administrator for the respective geographical location, unless the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate are notified by the Administrator in writing at least 10 days before the execution of such lease.
(B)Annual reportsThe Administrator shall submit, on an annual basis, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing the maximum rental rates established by the Administrator by geographical location.
(4)Restriction on other below-prospectus level projectsNot less than 30 days before entering into any lease-construction agreement, regardless of the threshold amounts established pursuant to subsections (a) and (h), the Administrator shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, in writing, of the intention to enter into such agreement and include in the notification details of the project and any associated information. .
4.Reports on leases
(a)Reports on leasesChapter 33 of title 40, United States Code, as amended by this Act, is further amended by adding at the end the following:

3318.Reports on leasesNot later than December 31 of each year, the Administrator of General Services shall submit a list to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of all leases, including lease-construction agreements, entered into by the General Services Administration for the previous fiscal year. For each lease, the list shall detail the size of the space, location, tenant agency or agencies, total annual rental rate, and the authorized annual rental if such rental rate exceeds the annual threshold amounts set forth in section 3307. .
(b)Clerical amendmentThe analysis for such chapter, as amended by this Act, is further amended by adding at the end the following:

3318. Reports on leases.  .
5.Zero-based space justificationSection 3307(b) of title 40, United States Code, is amended—
(1)in paragraph (6) by striking and at the end;
(2)in paragraph (7) by striking the period and inserting ; and; and
(3)by adding at the end the following:

(8)with respect to any prospectus, including for replacement space, lease renewal, or lease extension, the Administrator shall include a justification for such space, including an explanation of why such space could not be consolidated or co-located into other owned or leased space. .
6.Reducing costs related to courthouses
(a)Reducing costs related to courthousesChapter 33 of title 40, United States Code, as amended by this Act, is further amended by adding at the end the following:

3319.Reducing costs related to courthouses
(a)Limitation on new courthousesThe Administrator of General Services may not commence construction of any new courthouse if—
(1)construction has not begun on or before the date of enactment of this section; and
(2)the design and construction of the new courthouse fails to comply, at a minimum, with the courtroom sharing requirements described in subsection (b).
(b)Courtroom sharing requirements definedThe term courtroom sharing requirements means—
(1)in courthouses with 10 or more active district judges, 2 courtrooms per 3 active district judges, except such courthouses may contain not less than 9 courtrooms for active district judges;
(2)in courthouses with 3 or more bankruptcy judges, 1 courtroom per 2 bankruptcy judges;
(3)in courthouses with 3 or more senior district judges, 1 courtroom per 2 senior district judges; and
(4)in courthouses with 3 or more magistrate judges, 1 courtroom per 2 magistrate judges.
(c)United states courts design guideNot later than 180 days after the date of enactment of this section, the Design Guide for courthouses shall be updated to incorporate courtroom sharing requirements to the maximum extent practicable.
(d)UtilizationIf a new courthouse will add capacity in the inventory of the General Services Administration, existing space in the same courthouse complex must be fully utilized or relinquished from the inventory of the General Services Administration. .
(b)Clerical amendmentThe analysis for such chapter, as amended by this Act, is further amended by adding at the end the following:

3319. Reducing costs related to courthouses.  .
7.Inspector General reviewThe Inspector General of the General Services Administration shall review the Public Buildings Service’s internship program, recent graduate program, and any similar program and report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on the following:
(1)The costs associated with each program.
(2)Value added to the Public Buildings Service by the programs.
(3)Recommendations on improving the programs.
(4)Compliance with Federal hiring laws, practices, and standards.
8.Bonuses and conferences
(a)Moratorium on bonusesSection 592 of title 40, United States Code, is amended by adding at the end the following:

(g)Moratorium on bonusesNo funds in the Federal Buildings Fund may be available for bonuses, performance awards, or similar expenditures for a member of the Senior Executive Service, until the Administrator of General Services submits a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate detailing—
(1)the findings and conclusions of a review of the Public Building Service’s system of awarding bonuses and performance awards;
(2)actions to be taken by the Administrator to improve the system and ensure efficiency and effectiveness; and
(3)a description of how the actions identified will resolve any inefficiencies identified. .
(b)Restrictions on conferences and travelChapter 33 of title 40, United States Code, as amended by this Act, is further amended by adding at the end the following:

3320.Restrictions on conferences and travel
(a)Reports regarding conferencesNot later than the end of each fiscal year, the Administrator of General Services shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on conferences proposed to be hosted by the Public Buildings Service for the subsequent fiscal year. The report shall include the following for each proposed conference:
(1)The purpose of the conference.
(2)A detailed budget for the conference, including related travel, lodging, and per diem costs.
(3)The expected number of participants, including from the Public Buildings Service.
(4)The location and length of the conference.
(5)Any expected non-Federal funding or sponsorships.
(b)Conference reviewNot later than 60 days after each fiscal year, the Administrator shall submit a report to the congressional committees identified in subsection (a) including the following:
(1)The actual expenditures and costs of each conference and a comparison to the budget submitted pursuant to subsection (a).
(2)The actual number of participants of the Public Buildings Service in each conference and associated travel, lodging, and per diem costs.
(3)An agenda of each conference programming and events. .
(c)Clerical amendmentThe analysis for such chapter, as amended by this Act, is further amended by adding at the end the following:

3320. Restrictions on conferences and travel.  .
9.Administrative costs specified
(a)Administrative costs specifiedSection 592(c) of title 40, United States Code, is amended by adding at the end the following:

(5)Exception for administrative expensesNotwithstanding paragraph (1), deposits in the Fund may not be used for administrative expenses of the Public Buildings Service unless an amount specified for such expenses is specifically authorized for a given fiscal year. .
(b)Reporting of administrative expensesSection 3307 of title 40, United States Code, is amended by adding at the end the following:

(i)Budget proposal of administrative expenses
(1)Proposed budgetNot later than the date that the President submits the budget request to Congress pursuant to section 1105 of title 31, United States Code, the Administrator of General Services shall submit a proposed budget for the Public Buildings Service to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate detailing all proposed administrative expenses for such Service for the following fiscal year.
(2)Specifics of budget proposalSuch proposed budget shall include the following:
(A)A breakdown of proposed administrative expenses of the Public Buildings Service and the expenses of the previous fiscal year, including a breakdown of object classification and subclassification to include salaries, bonuses, travel and transportation, training, and conferences.
(B)A breakdown as described in subparagraph (A) for the Public Buildings Service headquarters, Commissioner’s office, and each of the regional offices.
(C)A breakdown of proposed staffing levels, including the number of full-time equivalent positions and the number of Federal employees by job classification and title of the Public Buildings Service, the Service headquarters, Commissioner’s office, and the regional offices, and the numbers for the same for the previous fiscal year.
(D)A detailed justification for any proposed increase in administrative expenses or staffing.
(E)A justification for the total amount of administrative expenses.
(3)Administrative cost categoriesThe budget proposal information described in paragraph (2) shall provide the required information within the following administrative cost categories:
(A)Building Operations and Maintenance, including cleaning, utilities and fuels, and maintenance.
(B)Salaries and Expenses, including other building services, space acquisition, staff support, and information technology services. .
10.Limitation on authorizationsSection 3307 of title 40, United States Code, as amended by this Act, is further amended by adding at the end the following:

(j)Expiration of committee resolutionsUnless a lease is executed or a construction, alteration, repair, design, or acquisition project is initiated within 5 years of the resolution approvals adopted by the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Environment and Public Works of the Senate pursuant to subsection (a), such resolutions shall be deemed expired. This subsection shall only apply to resolutions approved after the date of enactment of this subsection. .
11.Limitation on certain leasing authorities
(a)Limitation on leasing authority of other agenciesChapter 33 of title 40, United States Code, as amended by this Act, is further amended by adding at the end the following:

3321.Limitation on leasing authority of other agencies
(a)In generalNotwithstanding any other provision of law, an executive agency may not lease space for the purposes of a public building as defined under section 3301, except as provided under section 585 and the provisions of this chapter.
(b)Public buildingFor the purposes of this section, the term public building includes leased space.
(c)ExclusionsThis section shall not apply to—
(1)properties that are excluded for reasons of national security by the President; and
(2)properties of the Department of Veterans Affairs.
(d)ConstructionNothing in this section shall be construed as creating new authority for executive agencies to enter into leases.
(e)Delegation pilotWith respect to executive agencies covered by subsection (a)—
(1)the Administrator of General Services may delegate authority to manage the procurement of leases to an appropriate executive agency if the Administrator determines that such agency has the appropriate expertise and ability to do so and such delegation promotes efficiency and economy;
(2)the delegation under this subsection does not exempt the Administrator or the agency to which the delegation is made from any other provision of this chapter, including sections 592 and 3307; and
(3)the delegation authority under this subsection shall terminate on December 31, 2018.
(f)ReportNot later than 6 months before the termination date set forth in subsection (e)(3), the Administrator shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall include an analysis of the effectiveness of the delegation authority provided in this section, including—
(1)a comparison of the costs and terms associated with leases procured under the delegation authority to the leases procured by the Public Buildings Service;
(2)whether procurements delegated were consistent with authorization limitations and parameters; and
(3)recommendations on improvements to the delegation authority and whether such authority should be extended. .
(b)Small businessesWhen using commercial leasing services, the Administrator of General Services shall adhere to the requirements of the Small Business Act (15 U.S.C. 631 et seq.).
(c)Clerical amendmentThe analysis for such chapter, as amended by this Act, is further amended by adding at the end the following:

3321. Limitation on leasing authority of other agencies.  .
12.Utilization rates
(a)Utilization ratesChapter 33 of title 40, United States Code, as amended by this Act, is further amended by adding at the end the following:

3322.Utilization rates
(a)Measurement of space utilizationNot later than 6 months after the date of enactment of this section, the Administrator of General Services shall develop and implement a method of measuring actual utilization rates of its owned and leased inventory of public buildings space and a plan for incorporating such utilization rates into performance metrics for owned and leased buildings by region.
(b)Space utilizationAny method developed and implemented pursuant to subsection (a) shall be based on actual utilization by rentable square feet per person.
(c)ReportNot later than 1 year after the date of enactment of this section and annually thereafter, the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate utilization rates measured pursuant to subsection (a) and performance metrics for owned and leased buildings.
(d)CertificationNot later than one year after the date of enactment of this section and every year thereafter, the Administrator and tenant Federal agencies shall certify, in writing, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate the actual number of personnel housed in each building, leased or owned, in the inventory of the General Services Administration. Such written certifications shall detail the number of Federal employees, temporary employees, contractors, and any other non-Federal employees.
(e)Database
(1)In generalThe Administrator shall maintain a database of utilization rates and metrics developed pursuant to this section.
(2)AccessibilityThe database described in paragraph (1) shall be made available upon request by congressional committees.
(3)ExclusionsFor reasons of national security, the President may exclude any property from the requirements of this subsection.
(f)Agency space plansNot later than 60 days after the date of enactment of this section, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate all agency Real Property Cost Savings and Innovation Plans submitted pursuant to the MANAGEMENT PROCEDURES MEMORANDUM NO. 2013–02 of the Office of Management and Budget. The Administrator shall submit subsequent updates of the Real Property Cost Savings and Innovation Plans or any successor plans to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate not later than 60 days after their receipt by the Administrator. .
(b)Clerical amendmentThe analysis for such chapter, as amended by this Act, is further amended by adding at the end the following:

3322. Utilization rates.  .
13.Eliminating project escalationsSection 3307(c) of title 40, United States Code, is amended by adding at the end the following: The Administrator shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of any increase of more than 5 percent of an estimated maximum cost or of any increase or decrease in the scope or size of a project of 5 or more percent. Such notification shall include an explanation regarding any such increase or decrease. The scope or size of a project shall not increase or decrease by more than 10 percent unless an amended prospectus is submitted and approved pursuant to this section..
14.Report on public building service activitiesNot later than 1 year after the date of enactment of this Act, the Administrator of the General Services shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding how the Public Buildings Service, through its acquisition activities—
(1)conserves existing urban, suburban and rural resources;
(2)encourages the development and redevelopment of urban, suburban, and rural areas; and
(3)reduces costs to the Public Building Service and improves the social, economic, environmental, and cultural conditions of the communities in urban, suburban, and rural areas.

December 11, 2014
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


116 HR 3278 IH: Connect America Act of 2019
U.S. House of Representatives
2019-06-13
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.

I116th CONGRESS1st SessionH. R. 3278IN THE HOUSE OF REPRESENTATIVESJune 13, 2019Mr. Loebsack (for himself, Mr. Luján, Ms. Schakowsky, Mr. McNerney, Mr. O'Halleran, Mr. Welch, Ms. Eshoo, Ms. Clarke of New York, Mr. Michael F. Doyle of Pennsylvania, Mr. Tonko, Mr. Veasey, Ms. DeGette, Ms. Kuster of New Hampshire, Mr. Pallone, Mr. Butterfield, Mrs. Dingell, Mr. Cárdenas, and Ms. Matsui) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to provide for the establishment of a program to expand
			 access to broadband.

 1.Short titleThis Act may be cited as the Connect America Act of 2019. 2.Expansion of broadband accessTitle I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new section:

				14.Expansion of broadband access
 (a)Program establishedNot later than 180 days after the date of the enactment of this section, the Commission, in consultation with the Assistant Secretary, shall establish a program to expand access to broadband for unserved areas, underserved areas, and unserved anchor institutions in accordance with the requirements of this section that—
 (1)is separate from any universal service program established pursuant to section 254; and (2)does not require funding recipients to be designated as eligible telecommunications carriers under section 214(e).
						(b)Use of program funds
 (1)Expanding access to broadband through national reverse auctionNot later than 18 months after the date of the enactment of this section, the Commission shall award 75 percent of the amounts appropriated under subsection (h) through a national reverse auction to funding recipients only to expand access to broadband in unserved areas.
						(2)Expanding access to broadband through States
 (A)Distribution of funds to StatesNot later than 255 days after the date of the enactment of this section, the Commission shall distribute 25 percent of the amounts appropriated under subsection (h) among the States, in direct proportion to the population of each State.
 (B)Public noticeNot later than 195 days after the date of the enactment of this section, the Commission shall issue a public notice informing each State and the public of the amounts to be distributed under this paragraph. The notice shall include—
 (i)the manner in which a State shall inform the Commission of that State’s acceptance or acceptance in part of the amounts to be distributed under this paragraph;
 (ii)the date (which is 30 days after the date on which the public notice is issued) by which such acceptance or acceptance in part is due; and
 (iii)the requirements as set forth under this section and as may be further prescribed by the Commission.
 (C)Acceptance by StatesNot later than 30 days after the date on which the public notice is issued under subparagraph (B), each State accepting amounts to be distributed under this paragraph shall inform the Commission of the acceptance or acceptance in part by the State of the amounts to be distributed under this paragraph in the manner described by the Commission in the public notice.
 (D)Requirements for State receipt of amounts distributedEach State accepting amounts distributed under this paragraph— (i)shall only award such amounts through a statewide reverse auction or auctions, in the manner prescribed by the State but subject to the requirements as set forth under this section and as may be further prescribed by the Commission;
 (ii)shall make such awards only— (I)to funding recipients to expand access to broadband in unserved areas;
 (II)to funding recipients to expand access to broadband to unserved anchor institutions; or (III)to funding recipients to expand access to broadband in underserved areas, but only if a State does not have, or no longer has, any unserved areas;
 (iii)shall conduct separate reverse auctions for awards made to unserved anchor institutions under clause (ii)(II), if a State awards any funding provided by this section to unserved anchor institutions;
 (iv)shall return any unused portion of such amounts to the Commission within 10 years after the date of the enactment of this section and shall submit a certification to the Commission before receiving such amounts that the State will return such amounts; and
 (v)may not use more than 5 percent of the amounts distributed under this paragraph to administer a reverse auction or auctions authorized by this paragraph.
 (3)Coordination of Federal and State fundingThe Commission shall establish processes through the rulemaking under subsection (e) to— (A)enable States to conduct statewide reverse auctions as part of, or in coordination with, the national reverse auction;
 (B)assist States in conducting statewide reverse auctions; (C)coordinate with States to ensure that program funds awarded by the Commission and program funds awarded by the States are not used to expand access to broadband in the same unserved areas; and
 (D)coordinate with other Federal programs that expand access to broadband, such as the Connect America Fund or the Broadband e-Connectivity Pilot Program, to ensure the efficient use of program funds.
							(c)Program requirements
 (1)Technology neutrality requiredAny entity administering a reverse auction (either the State or the Commission) in making awards may not favor a project using any particular technology.
 (2)Funds preferenceThere shall be a preference, as determined by the entity administering the reverse auction (either the State or the Commission), for bidders in a reverse auction proposing projects—
 (A)with at least 20 percent matching funds from private sources; (B)that would expand access to broadband on tribal lands, as defined by the Commission;
 (C)that would provide higher speeds than those specified in subsection (d)(2); (D)that would expand access to broadband in advance of the time specified in subsection (e)(5); or
 (E)that would expand access to broadband to areas where the median household income is below 150 percent of the poverty threshold as defined by the Bureau of the Census.
 (3)Unserved and underserved areasIn determining whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution for any reverse auction authorized under this section, the Commission shall implement the following requirements through the rulemaking described in subsection (e):
 (A)Data for initial determinationTo make an initial determination as to whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution, the Commission shall—
 (i)to the extent practicable, use the National Broadband Availability Map, updated pursuant to the Consolidated Appropriations Act, 2018 (Public Law 115–141);
 (ii)consider other data on access to broadband obtained or purchased by the Commission; (iii)consider other publicly available data or information on access to broadband;
 (iv)consider other publicly available data or information on State broadband deployment programs; and (v)not determine an area is not an unserved area or an underserved area on the basis that one location within such area does not meet the definition of an unserved area or an underserved area.
 (B)Initial determinationThe Commission shall make an initial determination of the areas that are unserved areas or underserved areas and which anchor institutions are unserved anchor institutions not later than 270 days after the date of the enactment of this section.
							(C)Challenge of determination
 (i)In generalThe Commission shall provide for a process for challenging any initial determination regarding whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution that, at a minimum, provides not less than 45 days for a person to voluntarily submit information concerning—
 (I)the broadband offered in the area; or (II)the broadband offered to the anchor institution.
 (ii)Streamlined processThe Commission shall ensure that such process is sufficiently streamlined such that a reasonably prudent person may easily participate to challenge such initial determination with little burden on such person.
 (D)Final determinationThe Commission shall make a final determination of the areas that are unserved areas or underserved areas and which anchor institutions are unserved anchor institutions within 1 year after the date of the enactment of this section.
 (4)Notice, transparency, accountability, and oversight requiredThe program shall contain sufficient notice, transparency, accountability, and oversight measures to provide the public with notice of the assistance provided under this section, and to deter waste, fraud, and abuse of program funds.
 (5)CompetenceThe program shall contain sufficient processes and requirements, as established by the entity administering the reverse auction (either the State or the Commission), to ensure funding recipients participating in such a reverse auction—
 (A)are capable of carrying out the project in a competent manner in compliance with all applicable Federal, State, and local laws; and
 (B)have the financial capacity to meet the buildout obligations of the project and requirements as set forth under this section and as may be further prescribed by the Commission.
 (6)Contracting requirementsAny laborer or mechanic employed by any contractor or subcontractor in the performance of work on any project under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act).
 (d)Project requirementsAny project funded through the program shall meet the following requirements: (1)The project shall adhere to quality-of-service standards as established by the Commission.
 (2)The project shall offer broadband with a download speed of at least 100 megabits per second, an upload speed of at least 20 megabits per second, and a latency that is sufficiently low to allow real-time, interactive applications.
 (3)For any project that involves laying fiber-optic cables along a roadway, the project shall include interspersed conduit access points at regular and short intervals.
 (4)The project may not offer broadband that does not, at a minimum, provide a download speed of at least 25 megabits per second, an upload speed of at least 3 megabits per second, and a latency that is sufficiently low to allow real-time, interactive applications.
 (5)The project shall incorporate prudent cybersecurity and supply chain risk management practices, as specified by the Commission, through the rulemaking described in subsection (e), in consultation with the Director of the National Institute of Standards and Technology and the Assistant Secretary.
 (6)The project shall incorporate best practices, as defined by the Commission, for ensuring reliability and resiliency of the network during disasters.
 (7)Any funding recipient must agree to have the project meet the requirements established under section 224, as if the project were classified as a utility under such section.
 (e)Rulemaking and distribution and award of fundsNot later than 180 days after the date of the enactment of this section, the Commission, in consultation with the Assistant Secretary, shall promulgate rules—
 (1)that implement the requirements of this section, as appropriate, including the program requirements of subsections (a), (b), and (c) and the project requirements of subsection (d);
 (2)that establish the design of and rules for the nationwide reverse auction; (3)that establish notice requirements for all reverse auctions authorized under this section that, at a minimum, provide the public with notice of—
 (A)the initial determination of which areas are unserved areas or underserved areas; (B)the final determination of which areas are unserved areas or underserved areas after the process for challenging the initial determination has concluded;
 (C)which entities have applied to bid for funding; and (D)the results of any reverse auctions, including identifying the funding recipients, which areas each project will serve, the nature of the service that will be provided by the project in each of those areas, and how much funding the funding recipients will receive in each of those areas;
 (4)that establish broadband buildout milestones and periodic certification by funding recipients to ensure compliance with the broadband buildout milestones for all reverse auctions authorized under this section;
 (5)that establish a maximum buildout timeframe of four years beginning on the date on which funding is provided under this section for any project by a funding recipient for a project under this section;
 (6)that establish periodic reporting requirements for funding recipients of projects and that identify, at a minimum, the nature of the service provided in each area for any reverse auction authorized under this section;
 (7)that establish standard penalties for the noncompliance of funding recipients or projects with the requirements as set forth under this section and as may be further prescribed by the Commission for any reverse auction authorized under this section;
 (8)that establish procedures for recovery of funds, in whole or in part, from funding recipients in the event of the default or noncompliance of the funding recipient or project with the requirements established under this section for any reverse auction authorized under this section; and
 (9)that establish mechanisms to reduce waste, fraud, and abuse within the program for any reverse auction authorized under this section.
						(f)Reports required
 (1)Inspector general and comptroller general reportNot later than June 30 and December 31 of each year following the awarding of the first funds under the program, the Inspector General of the Commission and the Comptroller General of the United States shall submit to the Committees on Energy and Commerce of the House of Representatives and Commerce, Science, and Transportation of the Senate a report for the previous 6 months that reviews the program. Such report shall include any recommendations to address waste, fraud, and abuse.
 (2)State reportsAny State that receives funds under the program shall submit an annual report to the Commission on how such funds were spent, along with a certification of compliance with the requirements as set forth under this section and as may be further prescribed by the Commission, including a description of each service provided and the number of individuals to whom the service was provided.
 (g)DefinitionsIn this section: (1)Anchor institutionThe term anchor institution means a public or private school, a library, a medical or healthcare provider, a museum, a public safety entity, public housing, a community college, an institution of higher education, or any other community support organization or agency.
 (2)AreaThe term area means the geographic unit of measurement with the greatest level of granularity reasonably feasible for the Commission to use in making eligibility determinations under this section and in meeting the requirements and deadlines of this section.
 (3)Assistant SecretaryThe term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (4)BroadbandThe term broadband—
 (A)means broadband internet access service that is a mass-market retail service, or a service provided to an anchor institution, by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service;
 (B)includes any service that is a functional equivalent of the service described in subparagraph (A); and
 (C)does not include dial-up internet access service. (5)Funding recipientThe term funding recipient means an entity that receives funding for a project under this section.
 (6)ProgramUnless otherwise indicated, the term program means the program established under subsection (a). (7)ProjectThe term project means an undertaking by a funding recipient under this section to construct and deploy infrastructure for the provision of broadband.
 (8)Reverse auctionThe term reverse auction means an auction in which bids are submitted for a particular project and the bids serving the most locations for the lowest cost to the entity administering the reverse auction (either the State or the Commission), taking into consideration the funding preferences in subsection (c)(2) are selected for funding.
 (9)Underserved areaThe term underserved area means an area that has access to broadband offered— (A)with a download speed of at least 25 megabits per second and not more than 99 megabits per second;
 (B)with an upload speed of at least 10 megabits per second; and (C)with latency that is sufficiently low to allow real-time, interactive applications.
 (10)Unserved anchor institutionThe term unserved anchor institution means an anchor institution that has no access to broadband or does not have access to broadband offered—
 (A)with a download speed of at least 1 gigabit per second; (B)with an upload speed of at least 1 gigabit per second; and
 (C)with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications.
 (11)Unserved areaThe term unserved area means an area that has no access to broadband or does not have access to broadband offered— (A)with a download speed of at least 25 megabits per second;
 (B)with an upload speed of at least 3 megabits per second; and (C)with latency that is sufficiently low to allow real-time, interactive applications.
 (h)Authorization of appropriationsThere is authorized to be appropriated to the Commission $40,000,000,000 for fiscal year 2020 to carry out the program and such amount is authorized to remain available for 10 years..


110 HR 4858 IH: To amend the Federal Food, Drug, and Cosmetic Act to

U.S. House of Representatives
2007-12-19
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. 4858
		IN THE HOUSE OF REPRESENTATIVES

			December 19, 2007
			Mrs. Christensen
			 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
		  authorize the shipment of prescription drugs between the States and the Virgin
		  Islands.

		1.Shipment of prescription
			 drugs between States and Virgin IslandsSection 801(d) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 381(d)) is amended—
			(1)in paragraph (2),
			 by striking (2) The Secretary and inserting (2)(A) The
			 Secretary; and
			(2)by adding at the
			 end of paragraph (2) the following:

					(B)If a drug was
				shipped from a State directly to the United States Virgin Islands, paragraph
				(1) does not apply with respect to the shipment of such drug from the United
				States Virgin Islands to a
				State.
					.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1435
		IN THE HOUSE OF REPRESENTATIVES

			June 14, 2010
			Mr. Djou (for himself
			 and Mr. Dreier) submitted the
			 following resolution; which was referred to the
			 Committee on Ways and
			 Means

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the United States should initiate negotiations to enter
		  into a free trade agreement with the Republic of the
		  Philippines.

		Whereas the United States and the Philippines have shared
			 history and commitment to democratic principles;
		Whereas the Philippines modeled its governmental
			 institutions on those of the United States and continues to share a commitment
			 to democracy and human rights;
		Whereas the human links that bind the United States and
			 the Philippines continue to form a strong bridge between the two
			 countries;
		Whereas the Filipino-American community is an integral
			 part of America’s cultural fabric;
		Whereas the Filipino-American community is the second
			 largest Asian-American group in the United States with a population of
			 approximately 3,100,000 people;
		Whereas the Filipino and Filipino-American servicemen and
			 servicewomen have fought alongside and in the United States Armed
			 Forces;
		Whereas much of Manila was destroyed during the final
			 months of World War II and an estimated one million Filipinos lost their lives
			 fighting alongside Allied Forces;
		Whereas the United States and the Philippines have worked
			 aggressively to combat terror and antidemocratic forces;
		Whereas the United States and the Philippines have signed
			 a Trade and Investment Framework Agreement;
		Whereas United States goods and services trade with the
			 Philippines remains the 30th largest goods export market; and
		Whereas the Philippines is the 12th largest United States
			 agriculture export market: Now, therefore, be it

		That it is the sense of the House of
			 Representatives that the United States should initiate negotiations to enter
			 into a free trade agreement with the Republic of the Philippines.


116 S624 IS: Same Day Registration Act
U.S. Senate
2019-02-28
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.

II116th CONGRESS1st SessionS. 624IN THE SENATE OF THE UNITED STATESFebruary 28, 2019Ms. Klobuchar (for herself, Mr. Blumenthal, Mr. Booker, Mr. Brown, Mr. Coons, Ms. Cortez Masto, Mr. Durbin, Ms. Hirono, Mr. King, Mr. Markey, Mr. Menendez, Mr. Merkley, Ms. Smith, Mr. Tester, Mr. Van Hollen, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationA BILLTo amend the Help America Vote Act of 2002 to require States to provide for same day registration.

		1.Short
 titleThis Act may be cited as the Same Day Registration Act.
		2.Same day
			 registration
			(a)In
 generalTitle III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—
 (1)by redesignating sections 304 and 305 as sections 305 and 306, respectively; and
 (2)by inserting after section 303 the following new section:

						304.Same day
				registration
							(a)In
				general
 (1)RegistrationNotwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election—
 (A)to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(b)); and
 (B)to cast a vote in such election.
 (2)ExceptionThe requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.
								(b)Eligible
 individualFor purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election.
							(c)Effective
 dateEach State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2020 and for any subsequent election for Federal office..
				(b)Conforming
			 amendments
 (1)Section 401 of such Act (52 U.S.C. 21111) is amended by striking and 303 and inserting 303, and 304.
 (2)The table of contents of such Act is amended—
 (A)by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and
 (B)by inserting after the item relating to section 303 the following new item:
						Sec. 304. Same day
				registration..


115 S2395 IS: Explore America Act of 2018
U.S. Senate
2018-02-07
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.

II115th CONGRESS2d SessionS. 2395IN THE SENATE OF THE UNITED STATESFebruary 7, 2018Mr. Schatz (for himself, Mr. Cassidy, and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend title 54, United States Code, to authorize the provision of technical assistance under the
			 Preserve America Program and to direct the Secretary of the Interior to
			 enter into partnerships with communities adjacent to units of the National
			 Park System to leverage local cultural heritage tourism assets.

 1.Short titleThis Act may be cited as the Explore America Act of 2018.
 2.PurposesThe purposes of this Act are— (1)to strengthen economic development across the United States by supporting cultural heritage tourism and historic preservation activities through the Preserve America Program; and
 (2)to encourage the Director of the National Park Service to partner with gateway communities (including Native American communities and National Heritage Areas) to leverage local cultural and historic heritage tourism assets.
			3.Preserve america grant program
 (a)EstablishmentSection 311102 of title 54, United States Code, is amended— (1)in subsection (d)—
 (A)in paragraph (1), by inserting and the Secretary of Commerce after Council; and (B)by adding at the end the following:

 (3)Advisory role of Secretary of CommerceThe Secretary of Commerce shall advise the program with respect to job creation, economic growth, and tourism policy and promotion.; and
 (2)by adding at the end the following:  (f)Technical assistance (1)In generalFor any fiscal year for which funds are not made available to provide grants under this section, to the extent practicable, the program shall, in lieu of the grants, provide technical assistance to the eligible entities described in subsection (a) for projects that meet the eligibility requirements described in subsection (b), as identified on the list of projects prepared by the Secretary in accordance with subsection (d).
 (2)LimitationThe Secretary may take into account the availability of staff resources at the Department of the Interior, the Council, and the Department of Commerce for purposes of determining the number of projects that are provided technical assistance under this subsection.
 (3)FormThe form of technical assistance under paragraph (1) may include technical assistance provided by—
 (A)the Director, with respect to— (i)best practices in visitor services;
 (ii)the conduct of research, inventories, and surveys; (iii)the documentation of historic resources; and
 (iv)the interpretation and promotion of cultural and heritage assets; (B)the Council, with respect to historic preservation initiatives and best practices in stewardship; and
 (C)the Secretary of Commerce, with respect to economic development and job creation resources.. (b)Program MetricsChapter 3111 of title 54, United States Code, is amended—
 (1)by redesignating section 311105 as section 311106; and (2)by inserting after section 311104 the following:

						311105.Reports
 (a)MetricsNot later than 180 days after the date of enactment of the Explore America Act of 2018, the Secretary, in consultation with the Council and the Secretary of Commerce, shall develop specific metrics to measure the effectiveness of the program, including—
 (1)the economic impact of the program on local communities (including Native American communities and National Heritage Areas); and
 (2)the effect of the program on efforts to preserve heritage resources. (b)Grantee reportNot later than 2 years after the date on which a grantee receives a grant or technical assistance under this chapter, the grantee shall submit to the Secretary a report that—
 (1)describes the outcome of the project that was provided a grant or technical assistance under this chapter; and
 (2)based on the metrics developed under subsection (a), assesses— (A)the accomplishments of the project; and
 (B)the impact of the project on the community in which the project was carried out.
 (c)Annual reportsThe Secretary shall submit an annual report to the appropriate committees of Congress that includes data provided by grantees to demonstrate the economic impact of the program..
 (c)Conforming amendmentThe table of sections for chapter 3111 of title 54, United States Code, is amended by striking the item relating to section 311105 and inserting the following:
				311105. Reports.311106. Authorization of appropriations..
			4.National park service partnerships with gateway communities
 (a)In generalSubdivision 1 of division B of subtitle III of title 54, United States Code, is amended by adding at the end the following:

					3092Partnerships with gateway communitiesSec. 309201. Definitions.309202. Partnerships with gateway communities.309203. Report.309204. Authorization of appropriations.
 309201.DefinitionsIn this chapter: (1)Appropriate congressional committeeThe term appropriate congressional committee means—
 (A)the Committee on Commerce, Science, and Transportation of the Senate; (B)the Committee on Energy and Natural Resources of the Senate;
 (C)the Committee on Appropriations of the Senate; (D)the Committee on Energy and Commerce of the House of Representatives;
 (E)the Committee on Natural Resources of the House of Representatives; and (F)the Committee on Appropriations of the House of Representatives.
 (2)Gateway CommunityThe term gateway community means a community adjacent to a unit of the System, including a Native American community or a National Heritage Area.
 (3)Heritage TourismThe term heritage tourism has the meaning given the term in section 311101. 309202.Partnerships with gateway communities (a)In generalThe Secretary shall, to the extent practicable, offer to enter into partnerships with gateway communities to leverage heritage tourism assets to strengthen local economies and create jobs in the gateway communities with the goal of establishing a standardized framework for partnerships throughout the System, including through—
 (1)providing financial assistance to gateway communities to support outreach and promotional efforts; (2)providing technical assistance to gateway communities based on Service best practices in tourism development and visitor management, such as—
 (A)inventorying tourism resources in the gateway community; (B)identifying historic heritage and cultural resources;
 (C)engaging collaborative partners and stakeholders; (D)designing community outreach and participation strategies;
 (E)developing concept plans for trails, parks, historic resources, and natural areas; (F)developing sustainable tourism development frameworks for community planning; and
 (G)encouraging regional strategies for tourism development and promotion; and (3)assisting gateway communities in accessing additional Federal resources available to strengthen tourism assets and support economic development.
 (b)Obtaining financial and technical assistanceThe Secretary, in consultation with stakeholders of System units, shall establish a process through which States, units of local government, and Tribal governments may apply for designation as a gateway community to become eligible for financial and technical assistance made available under this section.
 (c)MetricsThe Secretary, in consultation with gateway communities, shall develop metrics to measure the impact of the financial and technical assistance provided to gateway communities under this section.
 309203.ReportNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that—
 (1)describes the efforts of the Secretary to partner with gateway communities under this chapter; (2)analyzes the results of the financial and technical assistance using the metrics developed under section 309202(c); and
 (3)identifies— (A)the next steps that should be taken to improve partnerships with gateway communities; and
 (B)any actions that the Secretary will take to improve the partnerships. 309204.Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this chapter..
 (b)Conforming amendmentThe table of chapters for title 54, United States Code, is amended by inserting after the item relating to chapter 3091 the following:

								3902. Partnerships with gateway communities 309201.


114 S1017 IS: To amend the Federal Power Act to improve the siting of interstate electric transmission facilities, and for other purposes.
U.S. Senate
2015-04-21
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.

II114th CONGRESS1st SessionS. 1017IN THE SENATE OF THE UNITED STATESApril 21, 2015Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Federal Power Act to improve the siting of interstate electric transmission
			 facilities, and for other purposes.

 1.Siting of interstate electric transmission facilitiesSection 216 of the Federal Power Act (16 U.S.C. 824p) is amended to read as follows:

				216.Siting of
				interstate electric transmission facilities
 (a)PolicyIt is the policy of the United States that the national interstate transmission system should be guided by the goal of maximizing the net benefits of the electricity system, taking into consideration—
 (1)support for the development of new, cleaner power generation capacity, including renewable energy generation located distant from load centers;
 (2)opportunities for reduced emissions from regional power production; (3)transmission needs driven by public policy requirements established by State or Federal laws (including regulations);
 (4)cost savings resulting from— (A)reduced transmission congestion;
 (B)enhanced opportunities for intraregional and interregional electricity trades; (C)reduced line losses;
 (D)generation resource-sharing; and (E)enhanced fuel diversity;
 (5)reliability benefits, including satisfying reliability standards and guidelines for resource adequacy and system security;
 (6)diversification of risk relating to events affecting fuel supply or generating resources in a particular region;
 (7)the enhancement of competition in electricity markets and mitigation of market power; (8)the ability to collocate facilities on existing rights-of-way;
 (9)competing land use priorities, including land protected under Federal or State law; (10)the requirements of section 217(b)(4); and
 (11)the contribution of demand side management (including energy efficiency and demand response), energy storage, distributed generation resources, and smart grid investments.
 (b)DefinitionsIn this section: (1)High-priority regional transmission projectThe term high-priority regional transmission project means an overhead, submarine, or underground transmission facility, including conductors or cables, towers, manhole duct systems, reactors, capacitors, circuit breakers, static VAR compensators, static synchronous compensators, power converters, transformers, synchronous condensers, braking resistors, and any ancillary facilities and equipment necessary for the proper operation of the facility, that is selected in a regional transmission plan for the purposes of cost allocation under Order Number 1000 of the Commission (or any successor order), including an interregional project selected under that plan.
 (2)Indian landThe term Indian land means land— (A)the title to which is held by the United States in trust for an Indian tribe or individual Indian; or
 (B)that is held by an Indian tribe or individual Indian subject to a restriction by the United States against alienation or encumbrance.
 (3)Indian tribeThe term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
						(c)Siting
 (1)PurposesThe purpose of this subsection is to ensure that high-priority regional transmission projects are in the public interest and advance the policy established under subsection (a).
						(2)State review of project siting
 (A)In generalNo developer of a high-priority regional transmission project may seek a certificate for construction under subsection (d) unless the developer first seeks authorization to construct the high-priority regional transmission project under applicable State law concerning authorization and routing of transmission facilities.
 (B)Federal authorityThe Commission may authorize, in accordance with subsection (d), construction of a high-priority regional transmission project that the Commission finds to be required by the present or future public convenience and necessity and in accordance with this section if—
 (i)a State— (I)fails to approve construction and authorize routing of a high-priority regional transmission project not later than 1 year after the date the applicant submits a completed application for authorization to the State;
 (II)rejects or denies the application for a high-priority regional transmission project; (III)authorizes the high-priority regional transmission project subject to conditions that unreasonably interfere with the development of a high-priority regional transmission project contrary to the purposes of this section; or
 (IV)does not have authority to approve the siting of the high-priority regional transmission project; or
 (ii)the developer seeking a certificate for construction under subsection (d) does not qualify to apply for State authorization to construct a high-priority regional transmission project because the developer does not serve end-users in the State.
								(d)Construction
						(1)Application for certificate
 (A)In generalAn applicant for a high-priority regional transmission project may apply to the Commission for a certificate of public convenience and necessity with respect to construction of the high-priority regional transmission project only under a circumstance described in subsection (c)(2)(B).
 (B)FormThe application for a certificate shall be made in writing in such form and containing such information as the Commission may by regulation require.
 (C)HearingOn receipt of an application under this paragraph, the Commission— (i)shall provide public notice and opportunity for hearing; and
 (ii)may approve (with or without conditions) or disapprove the application, in accordance with paragraph (2).
								(D)Administration
 (i)In generalThe Commission shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews for a high-priority regional transmission project under this section.
 (ii)CoordinationTo the maximum extent practicable, the Commission shall— (I)coordinate the Federal authorization and related environmental review process with any Indian tribe, multistate entity, or State agency responsible for conducting any separate permitting or environmental review of a high-priority regional transmission project; and
 (II)ensure timely and efficient review and permit decisions. (iii)TimelineThe Commission, in consultation with the applicable agencies described in clause (ii)(I) and consistent with applicable law, shall establish a coordinated project plan with milestones for all Federal authorizations described in clause (i).
								(2)Grant of certificate
 (A)In generalA certificate shall be issued to a qualified applicant for a certificate authorizing the whole or partial operation, construction, acquisition, or modification covered by the application, if the Commission determines that the proposed operation, construction, acquisition, or modification, to the extent authorized by the certificate, is required by the present or future public convenience and necessity.
 (B)Terms and conditionsThe Commission shall have the power to attach to the issuance of a certificate under this paragraph and to the exercise of the rights granted under the certificate such reasonable terms and conditions as the public convenience and necessity may require.
 (C)Record of State proceedingAny party, including the State, to a State proceeding in which an application for a high-priority regional transmission project was rejected or denied may file with the Commission for its consideration any portion of the record of the State proceeding.
 (D)Public convenience and necessityIn making a determination with respect to public convenience and necessity, the Commission shall consider whether the facilities covered by an application are included in an Interconnection-wide transmission grid plan for a high-priority regional transmission project.
 (3)Right of eminent domainIf any holder of a certificate issued under paragraph (2) cannot acquire by contract, or is unable to agree with the owner of property on the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain the high-priority regional transmission project to which the certificate relates, and the necessary land or other property necessary to the proper operation of the high-priority regional transmission project, the holder may acquire the right-of-way by the exercise of the right of eminent domain in—
 (A)the United States district court for the district in which the property is located; or (B)a State court.
 (4)Federal, State and tribal recommendationsIn granting a certificate under paragraph (2), the Commission shall— (A)seek from Federal resource agencies, State regulatory agencies, and affected Indian tribes recommended mitigation measures, based on habitat protection, environmental considerations, or cultural site protection; and
 (B)(i)incorporate those identified mitigation measures as conditions to the certificate; or (ii)if the Commission determines that a recommended mitigation measure is inconsistent with the purposes of this section or with other applicable provisions of law, is infeasible or not cost-effective, or for any other reason—
 (I)consult with the Federal resource agency, State regulatory agency, and affected Indian tribe to seek to resolve the issue;
 (II)incorporate as conditions to the certificate such recommended mitigation measures as are determined to be appropriate by the Commission, based on those consultations and the record before the Commission; and
 (III)if, after consultation, the Commission does not adopt in whole or in part a recommendation of an agency or affected Indian tribe, publish a statement of a finding that the adoption of the recommendation is infeasible, not cost-effective, or otherwise inconsistent with this section or other applicable provisions of law.
 (5)State or local authorizationsAn applicant receiving a certificate under this subsection with respect to construction or modification of a high-priority regional transmission project in a State shall not be required to obtain a separate siting authorization from the State or any local authority within the State.
 (6)Rights-of-way over Indian landNotwithstanding paragraph (3), in the case of siting, construction, operation, and maintenance of a transmission facility to be located on or over Indian land, a certificate holder under this section shall comply with the requirements of Federal law for obtaining rights-of-way on or over Indian land.
						(e)Relationship to other laws
 (1)In generalExcept as specifically provided in this section, nothing in this section affects any requirement of an environmental or historic preservation law of the United States, including—
 (A)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B)the Wilderness Act (16 U.S.C. 1131 et seq.); or
 (C)the National Historic Preservation Act (16 U.S.C. 470 et seq.). (2)State lawNothing in this section precludes any person from constructing or modifying any transmission facility in accordance with State law.
						(f)Applicability
 (1)Project developersNothing in this section precludes the development, subject to applicable regulatory requirements, of transmission projects that are not selected in a regional transmission plan.
 (2)ExclusionsThis section does not apply in the State of Alaska or Hawaii or to the Electric Reliability Council of Texas..