113 S2203 IS: Bolstering Our Nation’s Deficient Structures Act of 2014
U.S. Senate
2014-04-03
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.

II113th CONGRESS2d SessionS. 2203IN THE SENATE OF THE UNITED STATESApril 3, 2014Mr. Markey introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to permanently extend the tax treatment for certain
			 build America bonds, and for other purposes.1.Short titleThis Act may be cited as the
			 Bolstering Our Nation’s Deficient Structures Act of 2014 or the BONDS Act.2.Build America
			 Bonds made permanent(a)In
			 generalSubparagraph (B) of
			 section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by
			 inserting
			 or during a period beginning on or after the date of the enactment of
			 the Bolstering Our Nation’s Deficient Structures Act of 2014, after January 1, 2011,.(b)Reduction in
			 credit percentage to bondholdersSubsection (b) of section 54AA
			 of such Code is amended to read as follows:(b)Amount of
				credit(1)In
				generalThe amount of the credit determined under this subsection
				with respect to any interest payment date for a build America bond
			 is the
				applicable percentage of the amount of interest payable by the
			 issuer with
				respect to such date.(2)Applicable
				percentageFor purposes of paragraph (1), the applicable
				percentage shall be determined under the following table:In the case of a bond
						issuedThe applicable during calendar year:percentage is:2009 or
						2010352014312015302016292017 and
						thereafter28..(c)Special rulesSubsection (f) of section 54AA of such Code is amended by adding at the end the following new
			 paragraph:(3)Application of other rules(A)In generalNotwithstanding any other provision of law, a build America bond shall be considered a recovery
			 zone economic development bond (as defined in section 1400U–2) for
			 purposes of application of section 1601 of title I of division B of Public
			 Law 111–5 (26 U.S.C. 54C note).(B)Public transportation projectsRecipients of any financial assistance authorized under this section that funds public
			 transportation projects, as defined in Title 49, United States Code, must
			 comply with the grant requirements described under section 5309 of such
			 title..(d)Extension of
			 payments to issuers(1)In
			 generalSection 6431 of such
			 Code is amended—(A)by inserting or during a period
			 beginning on or after the date of the enactment of the
			 Bolstering Our Nation’s Deficient Structures Act of 2014, after January 1, 2011, in subsection
			 (a), and(B)by striking
			 before January 1, 2011 in subsection (f)(1)(B) and inserting
			 during a particular period.(2)Conforming
			 amendmentsSubsection (g) of section 54AA of such Code is
			 amended—(A)by inserting or during a period
			 beginning on or after the date of the enactment of the
			 Bolstering Our Nation’s Deficient Structures Act of 2014, after January 1, 2011,, and(B)by striking
			 qualified bonds issued
			 before 2011 in the heading and inserting
			 certain qualified
			 bonds.(e)Reduction in
			 percentage of payments to issuersSubsection (b) of section 6431
			 of such Code is amended—(1)by striking
			 The Secretary and inserting the following:(1)In
				generalThe
				Secretary,(2)by striking
			 35 percent and inserting the applicable
			 percentage, and(3)by adding at the
			 end the following new paragraph:(2)Applicable
				percentageFor purposes of
				this subsection, the term applicable percentage means the
				percentage determined in accordance with the following table:In the case of a qualified bond
						The applicable issued during calendar
						year:percentage is:2009 or
						2010352014312015302016292017 and
						thereafter28..(f)Current
			 refundings permittedSubsection (g) of section 54AA of such Code
			 is amended by adding at the end the following new paragraph:(3)Treatment of
				current refunding bonds(A)In
				generalFor purposes of this subsection, the term qualified
				bond includes any bond (or series of bonds) issued to refund a qualified
				bond if—(i)the average maturity date of the issue of
				which the refunding bond is a part is not later than the average
			 maturity date
				of the bonds to be refunded by such issue,(ii)the amount of the
				refunding bond does not exceed the outstanding amount of the
			 refunded bond,
				and(iii)the refunded
				bond is redeemed not later than 90 days after the date of the
			 issuance of the
				refunding bond.(B)Applicable
				percentageIn the case of a refunding bond referred to in
				subparagraph (A), the applicable percentage with respect to such
			 bond under
				section 6431(b) shall be the lowest percentage specified in
			 paragraph (2) of
				such section.(C)Determination of
				average maturityFor purposes of subparagraph (A)(i), average
				maturity shall be determined in accordance with section
			 147(b)(2)(A).(D)Issuance
				restriction not applicableSubsection (d)(1)(B) shall not apply to a
				refunding bond referred to in subparagraph
				(A)..(g)Clarification
			 related to levees and flood control projectsSubparagraph (A) of section 54AA(g)(2) of
			 such Code is amended by inserting (including capital expenditures for
			 levees and other flood control projects) after capital
			 expenditures.(h)Gross-Up of
			 payment to issuers in case of sequestrationIn the case of any
			 payment under section 6431(b) of the Internal Revenue Code of 1986 made
			 after
			 the date of the enactment of this Act to which sequestration applies, the
			 amount of such payment shall be increased to an amount equal to—(1)such payment
			 (determined before such sequestration), multiplied by(2)the quotient
			 obtained by dividing 1 by the amount by which 1 exceeds the percentage
			 reduction in such payment pursuant to such sequestration.For
			 purposes of this subsection, the term sequestration means any
			 reduction in direct spending ordered in accordance with a sequestration
			 report
			 prepared by the Director of the Office and Management and Budget pursuant
			 to
			 the Balanced Budget and Emergency Deficit Control Act of 1985 or the
			 Statutory
			 Pay-As-You-Go Act of 2010.(i)Effective
			 dateThe amendments made by this section shall apply to
			 obligations issued on or after the date of the enactment of this Act.


115 HR 4049 IH: Equal Access to Quality Education Act of 2017
U.S. House of Representatives
2017-10-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4049IN THE HOUSE OF REPRESENTATIVESOctober 12, 2017Ms. Judy Chu of California (for herself, Mr. Takano, Ms. Titus, Ms. Norton, and Ms. Bordallo) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo establish a grant program to ensure that students in high-need schools have equal access to a
			 quality education delivered by an effective, diverse workforce.

 1.Short titleThis Act may be cited as the Equal Access to Quality Education Act of 2017. 2.Equal access to quality education grant program (a)In generalThe Secretary of Education shall make grants on a competitive basis to eligible partnerships in high-need areas to—
 (1)develop and strengthen high-quality pathways for the teaching and education leadership professions; (2)create professional induction programs for the teaching profession; and
 (3)provide a stable and collaborative learning environment for educators and students. (b)PurposesThe purposes of the grant program established under this section shall be to—
 (1)increase the percentage of profession-ready teachers in States, including teachers from under represented minority groups and teachers with disabilities;
 (2)close the achievement gap for students within subgroups that are not showing expected performance; (3)decrease shortages of profession-ready teachers in poor urban and rural areas;
 (4)decrease high turnover rates for educators in high-need schools; (5)increase the number of profession-ready teachers in shortage areas, including special education, bilingual education, and education for English language learners, and in science, mathematics, engineering, and technology;
 (6)increase opportunities for enhanced and ongoing professional development that— (A)improves the academic content knowledge of teachers in the subject areas in which teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach;
 (B)promotes strong teaching skills, including instructional strategies that address diverse needs, the use of data to inform instruction, and strategies to improve student achievement; and
 (C)provides time for teachers to share their knowledge and innovation; and (7)provide all educators with the knowledge base and professional skills to meet the needs of diverse learners, including English language learners and students with disabilities.
				(c)Application
 (1)Applications requiredAn eligible partnership that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
 (2)ContentsAn application submitted under paragraph (1) include— (A)a description of—
 (i)how the eligible partnership will meet the purposes under subsection (b); (ii)how the partnership will carry out the activities required under subsection (d), including—
 (I)how the partnership will design, implement, or enhance a year-long and rigorous teaching residency program component; and
 (II)how the partnership will design, implement, or enhance a rigorous teacher induction and retention program;
 (iii)a description of the partnership’s plan for continuing the activities carried out under a grant received under this Act after the grant funding ceases;
 (iv)how the grant will increase the number of profession-ready teachers — (I)in high-need schools operated by high-need local educational agencies (in urban or rural school districts); and
 (II)in high-need academic subjects; and (v)with respect to the teacher induction and retention program that will be carried out using the grant—
 (I)the partnership’s capability and commitment to, and the accessibility to and involvement of teachers in, the use of empirically based practice and scientifically valid research on teaching and learning;
 (II)a description of how the partnership will design and implement an induction program to support, through not less than the first 2 years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers.
							(d)Use of funds
 (1)Required usesAn eligible partnership that receives a grant under this section shall use the funds to carry out the following:
 (A)Establish or support a teacher preparation program that— (i)requires participants in the program to complete at least one year of residency at a high-need school in the local educational agency participating in the eligible partnership;
 (ii)requires participants in the program to teach in a high-need school in such local educational agency for at least 3 years after completing such residency; and
 (iii)awards a teaching credential, an undergraduate degree, or a Masters degree that meets State requirements for a teaching license or certification upon completion of the program.
 (B)Establish or support a teacher induction and retention program that provides support and advances the retention of beginning teachers and principals during not less than the first 2 years of participation in such program, which promotes effective teaching and leadership skills and includes—
 (i)high-quality mentoring; (ii)periodic, structured time for collaboration and classroom observation opportunities with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate educators, and participating faculty in the partner institution of higher education;
 (iii)the application of empirically based practice and scientifically valid research on instructional practices;
 (iv)opportunities for new teachers and principals to draw directly on the expertise of mentors, faculty, local educational agency personnel, and researchers to support the integration of empirically based practice and scientifically valid research with practice;
 (v)the development of skills in instructional and behavioral interventions derived from empirically based practice, and where applicable, scientifically valid research; and
 (vi)faculty who— (I)model the integration of research and practice in the classroom; and
 (II)assist new teachers and principals with the effective use and integration of technology in instruction.
 (C)Otherwise fulfill the purposes described in subsection (b). (2)Authorized usesIn addition to the activities described in paragraph (1), a partnership that receives a grant under this section may use the funds for any of the following:
 (A)Providing support to each mentor teacher working with new teachers. (B)Providing preparation in effective, evidence-based instructional assessment practices and classroom management strategies for general education teachers serving students with disabilities and students with limited English proficiency.
 (C)Enabling teachers to engage in study groups, professional learning communities, and other collaborative activities and collegial interactions regarding instruction assessment.
 (D)Paying for release time and substitute teachers in order to enable teachers to participate in professional development and mentoring activities.
 (E)Creating libraries of professional material, catalogues of expert instruction, and education technology.
 (F)Providing high-quality professional development for other instructional staff, such as paraprofessionals, librarians, and counselors.
 (G)Developing partnerships with businesses and community-based organizations. (H)Providing tuition assistance, scholarships, or student loan repayment to teachers.
 (I)Providing stipends or another financial incentive to participants in the teacher preparation program under paragraph (1)(A).
 (J)Providing support for home visitation, parenting education, and family engagement, especially for parents who have limited English proficiency.
 (e)RepaymentsThe Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure that each participant of a teacher preparation program under this Act who receives a stipend or other financial incentive as described in subsection (d)(2)(I), but fails to complete the participant’s teaching obligation under subsection (d)(1)(A)(ii), repays all or a portion of such stipend or incentive to the eligible partnership that awarded such stipend or incentive.
 (f)PriorityIn awarding grants under this section, the Secretary shall give priority to eligible partnerships that meet the requirements of one of the following paragraphs:
 (1)Demonstrating— (A)a plan to recruit teachers from among minority and local candidates and from individuals with disabilities; and
 (B)the use of a valid and reliable teacher performance assessment. (2)Meeting the requirements of paragraph (1)(B) and including in the partnership—
 (A)an institution of higher education that is an eligible institution for purposes of the TEACH Grant program under subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.);
 (B)a Tribal College or University, as defined in section 316(b)(3) of such Act (20 U.S.C. 1059c(b)(3));
 (C)an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act (20 U.S.C. 1059g(b));
 (D)a Hispanic-serving institution, as defined in section 502(a)(5) of such Act (20 U.S.C. 1101a(a)(5)); or
 (E)a historically Black college and university, as defined in section 631(a)(5) of such Act (20 U.S.C. 1132(a)(5)).
					(g)Matching Requirements
 (1)Federal shareThe Federal share of the cost of any activities funded by a grant received under this section shall not exceed 75 percent.
 (2)Payment of non-Federal shareThe non-Federal share may be paid in cash or in kind, fairly evaluated, including services. (h)DefinitionsIn this section:
 (1)Eligible partnershipThe term eligible partnership means a partnership— (A)between a high-need local educational agency and an institution of higher education; and
 (B)that may include a teacher organization or a nonprofit educational organization. (2)Family engagementThe term family engagement means a shared responsibility of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families, especially parents of non-Native English speakers, in meaningful ways that encourage the families to actively support their children’s learning and development, as well as the learning and development of other children. The shared responsibility is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community.
 (3)High-need local educational agencyThe term high-need local educational agency means a local educational agency— (A) (i)that serves not fewer than 10,000 low-income children;
 (ii)for which not less than 20 percent of the children served by the agency are low-income children; (iii)that meets the eligibility requirements for receiving funding under the Rural Education Achievement Program under part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7341 et seq.); or
 (iv)that has a percentage of low-income children that is in the highest quartile among such agencies in the State; and
						(B)
 (i)for which one or more schools served by the agency is persistently low achieving; or (ii)for which one or more schools served by the agency has a high teacher turnover rate.
 (4)Institution of higher educationThe term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965. (5)Low-income childrenThe term low-income children means—
 (A)children from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or
 (B)children who are eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act.
 (6)Mentor teacherThe term mentor teacher means a teacher who— (A)is profession-ready;
 (B)has a minimum of 3 years of teaching experience; (C)is recommended by the principal and other current master and mentor teachers on the basis of—
 (i)instructional excellence through observations and other evidence of classroom practice, including standards-based evaluations, such as certification by the National Board for Professional Teaching Standards;
 (ii)an ability, as demonstrated by evidence of student learning in high-need schools, to increase student learning; and
 (iii)excellent instruction and communication with an understanding of how to facilitate growth in other teachers, including new teachers; and
 (D)participates in training and ongoing professional development on how to— (i)help teachers learn to improve student achievement;
 (ii)help teachers learn to improve instruction; and (iii)facilitate mentor-to-mentor collaboration and coaching.
 (7)Profession-readyThe term profession-ready, when used with respect to a teacher, means a teacher who— (A)has completed a teacher preparation program and is fully certified and licensed to teach by the State in which the teacher teaches;
 (B)has demonstrated content knowledge in the subject or subjects the teacher teaches; (C)has demonstrated the ability to work with students who are culturally and linguistically diverse; and
 (D)has demonstrated teaching skills, such as through— (i)a teacher performance assessment; or
 (ii)other measures of teaching skills, as determined by the State. (8)SecretaryThe term Secretary means the Secretary of Education.
 (9)Teacher performance assessmentThe term teacher performance assessment means a program, based on State or national professional teaching standards, that will measure teachers’ curriculum planning, instruction, and assessment of students, including appropriate plans and adaptations for English language learners and students with disabilities, and multiple sources of evidence about student learning. Such assessment will be validated against professional assessment standards and reliably scored by trained external evaluators with appropriate auditing of scoring to ensure consistency.
 (10)Teaching credentialThe term teaching credential means a program of instruction for individuals who have completed a baccalaureate degree, that does not lead to a graduate degree, and that consists of courses required by a State for a teacher candidate to receive a professional certification or license that is required for employment as a teacher in an elementary school or secondary school in that State.


		II
		112th CONGRESS
		1st Session
		S. 150
		IN THE SENATE OF THE UNITED STATES

			January 25
			 (legislative day, January 5), 2011
			Mr. Kohl introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To promote labor force participation of
		  older Americans, with the goals of increasing retirement security, reducing the
		  projected shortage of experienced workers, maintaining future economic growth,
		  and improving the Nation's fiscal outlook.

		1.Short title; table of contents
			(a)Short titleThis Act may be cited as the
			 Health Care and Training for Older
			 Workers Act.
			(b)Table of contentsThe table of contents of this Act is as
			 follows:

					Sec. 1. Short title; table of
				contents.
					TITLE I—COBRA continuation
				coverage
					Sec. 101. Extended COBRA continuation
				coverage for certain older workers.
					Sec. 102. Repeal.
					TITLE II—Employment and training
					Sec. 201. Definitions.
					Sec. 202. Statewide employment and training
				activities.
					Sec. 203. Local employment and training activities.
					Sec. 204. Performance measures.
					Sec. 205. Reporting.
					Sec. 206. Incentive grants.
					TITLE III—Clearinghouse of best practices for hiring and
				retaining older workers
					Sec. 301. Establishment.
					Sec. 302. Annual updates.

			ICOBRA
			 continuation coverage
			101.Extended COBRA continuation coverage for
			 certain older workers
				(a)Amendments to the
			 Employee Retirement Income Security Act of
			 1974Subparagraph
			 (A) of section 602(2) of the Employee
			 Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is
			 amended by adding at the end the following:

						(ix)Special rule for certain older
				workers
							(I)In generalNotwithstanding any other provision of this
				subparagraph, in the case of a qualifying event described in section 603(2)
				relating to a reduction of hours of an employee described in subclause (II),
				the date which is 36 months after the date of the qualifying event, except that
				the period of coverage under this clause shall end on the date on which the
				employee becomes entitled to benefits under title XVIII of the
				Social Security Act based on
				age.
							(II)Employee describedAn employee is described in this subclause
				if such employee, on the date of the qualifying event, is at least the early
				retirement age (as defined in section 216(l)(2) of the
				Social Security Act) but not yet
				entitled to benefits under title XVIII of the Social Security Act based on
				age.
							.
				(b)Amendments to the
			 Public Health Service
			 ActSection
			 2202(2)(A) of the Public Health Service
			 Act (42 U.S.C. 300bb–2(2)(A)) is amended by inserting after clause
			 (vi) the following:

						(vii)Special rule for certain older
				workers
							(I)In generalNotwithstanding any other provision of this
				subparagraph, in the case of a qualifying event described in section 2203(2)
				relating to a reduction of hours of an employee described in subclause (II),
				the date which is 36 months after the date of the qualifying event, except that
				the period of coverage under this clause shall end on the date on which the
				employee becomes entitled to benefits under title XVIII of the
				Social Security Act based on
				age.
							(II)Employee describedAn employee is described in this subclause
				if such employee, on the date of the qualifying event, is at least the early
				retirement age (as defined in section 216(l)(2) of the
				Social Security Act) but not yet
				entitled to benefits under title XVIII of the Social Security Act based on
				age.
							.
				(c)Amendments to the Internal Revenue Code of
			 1986Section
			 4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by inserting
			 after subclause (VIII) the following:

						(IX)Special rule for certain older
				workers
							(aa)In generalNotwithstanding any other provision of this
				clause, in the case of a qualifying event described in paragraph (3)(B)
				relating to a reduction of hours of an employee described in item (bb), the
				date which is 36 months after the date of the qualifying event, except that the
				period of coverage under this clause shall end on the date on which the
				employee becomes entitled to benefits under title XVIII of the
				Social Security Act based on
				age.
							(bb)Employee describedAn employee is described in this subclause
				if such employee, on the date of the qualifying event, is at least the early
				retirement age (as defined in section 216(l)(2) of the
				Social Security Act) but not yet
				entitled to benefits under title XVIII of the Social Security Act based on
				age.
							.
				102.RepealThe amendments made by section 101 shall be
			 repealed effective on January 1, 2014.
			IIEmployment and training
			201.DefinitionsSection 101 of the Workforce Investment Act
			 of 1998 (29 U.S.C. 2801) is amended—
				(1)by redesignating paragraphs (17) through
			 (53) as paragraphs (18) through (54), respectively; and
				(2)by inserting after paragraph (16) the
			 following:

						(17)Hard-to-serve populationsThe term hard-to-serve
				populations means populations of individuals who are hard to serve,
				including displaced homemakers, low-income individuals, Native Americans,
				individuals with disabilities, older individuals, ex-offenders, homeless
				individuals, individuals with limited English proficiency, individuals who do
				not meet the definition of literacy in section 203, individuals facing
				substantial cultural barriers, migrant and seasonal farmworkers, individuals
				within 2 years of exhausting lifetime eligibility under part A of title IV of
				the Social Security Act (42 U.S.C. 601
				et seq.), single parents (including single pregnant women), and such other
				groups as the Governor determines to be hard to
				serve.
						.
				202.Statewide employment and training
			 activitiesSection
			 134(a)(3)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(3)(A))
			 is amended—
				(1)in clause (vi), by striking
			 and at the end;
				(2)by redesignating clause (vii) as clause
			 (viii); and
				(3)by inserting after clause (vi) the
			 following:

						(vii)developing strategies for effectively
				serving hard-to-serve populations and for coordinating programs and services
				among one-stop partners;
				and
						.
				203.Local employment and training
			 activities
				(a)Intensive ServicesSection 134(d)(3) of the Workforce
			 Investment Act of 1998 (29 U.S.C. 2864(d)(3)) is amended by striking
			 subparagraph (A) and inserting the following:

						(A)In general
							(i)EligibilityExcept as provided in clause (iii), funds
				allocated to a local area for adults under paragraph (2)(A) or (3), as
				appropriate, of section 133(b), and funds allocated to the local area for
				dislocated workers under section 133(b)(2)(B), shall be used to provide
				intensive services to adults and dislocated workers, respectively—
								(I)who are unemployed and who, after an
				interview, evaluation, or assessment, have been determined by a one-stop
				operator or one-stop partner to be—
									(aa)unlikely or unable to obtain employment,
				that leads to self-sufficiency or wages comparable to or higher than previous
				employment, through core services described in paragraph (2); and
									(bb)in need of intensive services to obtain
				employment that leads to self-sufficiency or wages comparable to or higher than
				previous employment; or
									(II)who are employed, but who, after an
				interview, evaluation, or assessment, are determined by a one-stop operator or
				one-stop partner to be in need of intensive services to obtain or retain
				employment that leads to self-sufficiency.
								(ii)ConsiderationFor purposes of determining whether an
				adult or dislocated worker meets the requirements of clause (i)(I)(aa), a
				one-stop operator or one-stop partner shall consider whether the adult or
				dislocated worker is a member of a hard-to-serve population.
							(iii)Special ruleA new interview, evaluation, or assessment
				of a participant is not required under clause (i) if the one-stop operator or
				one-stop partner determines that it is appropriate to use a recent assessment
				of the participant conducted pursuant to another education or training
				program.
							.
				(b)Training ServicesSection 134(d)(4) of such Act (29 U.S.C.
			 2864(d)(4)) is amended by striking subparagraph (A) and inserting the
			 following:

						(A)In general
							(i)EligibilityExcept as provided in clause (iii), funds
				allocated to a local area for adults under paragraph (2)(A) or (3), as
				appropriate, of section 133(b), and funds allocated to the local area for
				dislocated workers under section 133(b)(2)(B), shall be used to provide
				training services to adults and dislocated workers, respectively—
								(I)who, after an interview, evaluation, or
				assessment, and case management, have been determined by a one-stop operator or
				one-stop partner, as appropriate, to—
									(aa)be unlikely or unable to obtain or retain
				employment, that leads to self-sufficiency or wages comparable to or higher
				than previous employment, through the intensive services described in paragraph
				(3);
									(bb)be in need of training services to obtain
				or retain employment that leads to self-sufficiency or wages comparable to or
				higher than previous employment; and
									(cc)have the skills and qualifications to
				successfully participate in the selected program of training services;
									(II)who select programs of training services
				that are directly linked to the employment opportunities in the local area or
				region involved or in another area to which the adults or dislocated workers
				are willing to commute or relocate;
								(III)who meet the requirements of subparagraph
				(B); and
								(IV)who are determined to be eligible in
				accordance with the priority system in effect under subparagraph (E).
								(ii)ConsiderationFor purposes of determining whether an
				adult or dislocated worker meets the requirements of clause (i)(I)(aa), a
				one-stop operator or one-stop partner shall consider whether the adult or
				dislocated worker is a member of a hard-to-serve population.
							(iii)Special ruleA new interview, evaluation, or assessment
				of a participant is not required under clause (i) if the one-stop operator or
				one-stop partner determines that it is appropriate to use a recent assessment
				of the participant conducted pursuant to another education or training
				program.
							.
				(c)Local Employment and Training
			 ActivitiesSection
			 134(e)(1)(A) of such Act (29 U.S.C. 2864(e)(1)(A)) is amended—
					(1)in subparagraph (A), by striking
			 and at the end;
					(2)in subparagraph (B), by striking the period
			 and inserting ; and; and
					(3)by adding at the end the following:

							(C)customer support to enable members of
				hard-to-serve populations, including individuals with disabilities, to navigate
				among multiple services and activities for such
				populations.
							.
					204.Performance measures
				(a)State Performance MeasuresSection 136(b)(3)(A)(iv)(II) of the
			 Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(3)(A)(iv)(II)) is
			 amended—
					(1)by striking taking into
			 account and inserting and shall ensure that the levels involved
			 are adjusted, using objective statistical methods, based on;
					(2)by inserting (such as differences in
			 unemployment rates and job losses or gains in particular industries)
			 after economic conditions; and
					(3)by inserting (such as indicators of
			 poor work history, lack of work experience, lack of educational or occupational
			 skills attainment, dislocation from high-wage and benefit employment, low
			 levels of literacy or English proficiency, disability status, older individual
			 status, homelessness, ex-offender status, and welfare dependency) after
			 program.
					(b)Local Performance MeasuresSection 136(c)(3) of such Act (29 U.S.C.
			 2871(c)(3))—
					(1)by striking shall take into
			 account and inserting shall ensure that the levels involved are
			 adjusted, using objective statistical methods, based on;
					(2)by inserting (characteristics such
			 as unemployment rates and job losses or gains in particular industries)
			 after economic; and
					(3)by inserting (characteristics such
			 as indicators of poor work history, lack of work experience, lack of
			 educational and occupational skills attainment, dislocation from high-wage and
			 benefit employment, low levels of literacy or English proficiency, disability
			 status, older individual status, homelessness, ex-offender status, and welfare
			 dependency) after demographic.
					(c)Wage Records and Documented
			 DataSection 136(f)(2) of
			 such Act (29 U.S.C. 2871(f)(2)) is amended—
					(1)by striking (2) and all that
			 follows through In and inserting the following:

							(2)Wage records and documented data
								(A)Wage recordsIn
								;
				and
					(2)by adding at the end the following:

							(B)Documented dataIn measuring the progress of the State with
				respect to older individuals on State and local performance measures relating
				to earnings, a State may use documented data other than quarterly wage records
				to determine the work schedule of the older individuals, and may impute
				full-time earnings to part-time workers who are older
				individuals.
							.
					205.ReportingSection 136(d)(2) of the Workforce
			 Investment Act of 1998 (29 U.S.C. 2871(d)(2)) is amended—
				(1)in subparagraph (E), by striking
			 (excluding participants who received only self-service and informational
			 activities); and
				(2)in subparagraph (F)—
					(A)by striking (F) and
			 inserting (F)(i);
					(B)by striking the period and inserting
			 ; and; and
					(C)by adding at the end the following:

							(ii)the number of participants in each of the
				groups described in clause (i) who have received services authorized under this
				title, in the form of core services described in section 134(d)(2), intensive
				services described in section 134(d)(3), training services described in section
				134(d)(4), and followup services,
				respectively;
							.
					206.Incentive grants
				(a)Use of Funds for Statewide Employment and
			 Training ActivitiesSection
			 134(a)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(B))
			 is amended—
					(1)in clause (v), by striking
			 and at the end;
					(2)in clause (vi), by striking the period and
			 inserting ; and; and
					(3)by adding at the end the following:

							(vii)providing incentive grants to local areas,
				in accordance with section
				136(j).
							.
					(b)Incentive Grants for Local
			 AreasSection 136 of such Act
			 (29 U.S.C. 2871) is amended by adding at the end the following:

						(j)Incentive Grants for Local Areas
							(1)In generalFrom funds reserved under sections 128(a)
				and 133(a)(1), the Governor involved shall award incentive grants to local
				areas for performance described in paragraph (2) in carrying out programs under
				chapters 4 and 5.
							(2)BasisThe Governor shall award the grants on the
				basis that the local areas—
								(A)have exceeded the performance measures
				established under subsection (c)(2) relating to indicators described in
				subsection (b)(3)(A)(iii); or
								(B)have—
									(i)met the performance measures established
				under subsection (c)(2) relating to indicators described in subsection
				(b)(3)(A)(iii); and
									(ii)demonstrated exemplary performance in the
				State in serving hard-to-serve populations.
									(3)Use of fundsThe funds awarded to a local area under
				this subsection may be used to carry out activities authorized for local areas
				and such innovative projects or programs that increase coordination and enhance
				service to program participants, particularly hard-to-serve populations, as may
				be approved by the
				Governor.
							.
				(c)Incentive Grants for StatesSection 503 of such Act (20 U.S.C. 9273) is
			 amended—
					(1)by striking subsection (a) and inserting
			 the following:

							(a)In General
								(1)Timeline
									(A)Prior to July 1, 2012Prior to July 1, 2012, the Secretary shall
				award a grant to each State in accordance with the provisions of this section
				as this section was in effect on July 1, 2003.
									(B)Beginning July 1, 2012Beginning on July 1, 2012, the Secretary
				shall award incentive grants to States for performance described in paragraph
				(2) in carrying out innovative programs consistent with the programs under
				chapters 4 and 5 of subtitle B of title I, to implement or enhance innovative
				and coordinated programs consistent with the statewide economic, workforce, and
				educational interests of the State.
									(2)BasisThe Secretary shall award the grants on the
				basis that States—
									(A)have exceeded the State adjusted levels of
				performance for title I, the adjusted levels of performance for title II, and
				the levels of performance under the Carl D. Perkins Vocational and Technical
				Education Act of 1998 (20 U.S.C. 2301 et seq.); or
									(B)have—
										(i)met the State adjusted levels of
				performance for title I, the adjusted levels of performance for title II, and
				the levels of performance under the Carl D. Perkins Vocational and Technical
				Education Act of 1998 (20 U.S.C. 2301 et seq.); and
										(ii)demonstrated exemplary performance in
				serving hard-to-serve populations.
										(3)Use of fundsThe funds awarded to a State under this
				section may be used to carry out activities authorized for States under
				chapters 4 and 5 of subtitle B of title I, title II, and the Carl D. Perkins
				Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.),
				including demonstration projects, and for such innovative projects or programs
				that increase coordination and enhance service to program participants,
				particularly hard-to-serve populations.
								;
				and
					(2)in subsection (b)(2), by striking
			 subparagraph (C) and inserting the following:

							(C)the State meets the requirements of
				subparagraph (A) or (B) of subsection
				(a)(2).
							.
					IIIClearinghouse of best practices for hiring
			 and retaining older workers
			301.EstablishmentNot later than 6 months after the date of
			 enactment of this Act, the Secretary of Labor shall—
				(1)identify best practices for hiring and
			 retaining older workers in the private and public sectors; and
				(2)make such information publicly available
			 through the Internet.
				302.Annual
			 updatesThe Secretary of Labor
			 shall update the practices identified under section 301(1) and make such
			 information publicly available as provided under section 301(2) on an annual
			 basis.


116 HR 8154 IH: Broadcast Diversity in Leadership Act
U.S. House of Representatives
2020-09-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8154IN THE HOUSE OF REPRESENTATIVESSeptember 1, 2020Mr. Walden introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Federal Communications Commission to establish a broadcast incubator program to support the entry of new and diverse voices in the broadcasting industry by providing for an established broadcaster and an emerging broadcaster to enter into a qualifying incubation relationship.
1.Short titleThis Act may be cited as the Broadcast Diversity in Leadership Act. 2.Broadcast Incubator Program (a)FindingsCongress finds the following:
(1)Our Nation continues to respond to the ongoing COVID–19 pandemic, and all Americans must have access to accurate, reliable information. (2)Americans are fighting racial injustice, and promoting local and diverse media will play an important role in limiting misinformation.
(3)Congress should commit to promoting media diversity and pledging to work with media entities and diverse stakeholders to develop common-ground solutions to eliminate barriers to media diversity. (4)The principle that an informed and engaged electorate is critical to a vibrant democracy is deeply rooted in our laws of free speech and underpins the virtues on which we established our Constitution: in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.
(5)Having independent, diverse, and local media that provide exposure to a broad range of viewpoints and the ability to contribute to the political debate is central to sustaining informed engagement. (6)It is in the public interest to encourage source, content, and audience diversity on our Nation’s shared media platforms.
(7)The survival of small, independent, and diverse media outlets that serve diverse audiences and local media markets is essential to preserving local culture and building understanding on important community issues that impact the daily lives of residents. (8)Research by the American Society of News Editors, the Radio Television Digital News Association, the Pew Research Center, and others has documented the continued challenges of increasing diversity among all types of media entities.
(9)With increasing media experience and sophistication, it is even more important to have minority participation in local media to ensure a diverse range of information sources are available and different ideas and viewpoints are expressed to strengthen social cohesion among different communities. (10)The constriction in small, independent, and diverse media outlets and limited participation of diverse populations in media ownership and decisionmaking are combining to negatively impact our goal of increasing local civic engagement and civic knowledge through increased voter participation, membership in civic groups, and knowledge of local political and civil information.
(11)The Advisory Committee on Diversity and Digital Empowerment of the Commission, and predecessor Federal advisory committees, have recommended for decades that the Commission adopt an incubator program providing structural rule changes to facilitate new and diverse entrants into the marketplace. (12)The Broadcast Incubator Program established under this section is consistent with the national policy described in section 257(b) of the Communications Act of 1934 (47 U.S.C. 257(b)): to promote the policies and purposes of this Act favoring diversity of media voices, vigorous economic competition, technological advancement, and promotion of the public interest, convenience, and necessity.
(b)EstablishmentNot later than 270 days after the date of the enactment of this Act, the Commission shall promulgate regulations establishing a program, to be known as the Broadcast Incubator Program, to support the entry of new and diverse voices in the broadcasting industry by providing for an established broadcaster and an emerging broadcaster to enter into a qualifying incubation relationship with respect to one or more incubated stations of the emerging broadcaster.  (c)Qualifying incubation relationship (1)RequirementsThe Commission shall establish in the regulations promulgated under subsection (b) requirements for a qualifying incubation relationship under the Program that include the following:
(A)Eligibility criteria that an established broadcaster and an emerging broadcaster shall meet in order to enter into such relationship, including— (i)a limit, expressed in terms of a number of broadcast stations, on how many broadcast stations of which an emerging broadcaster may have effective control on the day before the date on which the established broadcaster and the emerging broadcaster submit the application for the Program under subsection (d);
(ii)a cap, expressed in terms of a dollar amount, on the gross revenue that the emerging broadcaster may earn during the calendar year ending most recently before the date on which the established broadcaster and the emerging broadcaster submit the application for the Program under subsection (d); and (iii)a requirement for the established broadcaster to have effective control of—
(I)if any incubated station under such relationship will be a radio broadcast station, any class of AM or FM radio broadcast station (except for a low power radio station or a radio translator station); and (II)if any incubated station under such relationship will be a television broadcast station, any class or assignment of television broadcast station (except for a low power television station or a television translator station).
(B)Criteria for the incubation activities that the established broadcaster shall perform as part of such relationship. Such activities shall include the provision by the established broadcaster to the emerging broadcaster of training, financing, or access to resources. (C)A requirement that the established broadcaster and the emerging broadcaster establish mutually agreed-upon goals for such relationship.
(D)A requirement that the established broadcaster and the emerging broadcaster establish a mutually agreed-upon limitation on the amount of equity (if any) that the established broadcaster may hold in the emerging broadcaster. (E)A minimum duration of 2 years for such relationship.
(F)An option, which may be exercised upon the agreement of the established broadcaster and the emerging broadcaster, for such relationship to continue on an ongoing basis. (G)A requirement that, upon successful completion of such relationship in accordance with the application approved by the Commission under subsection (d) and in compliance with the other requirements for the Program established by the Commission, the emerging broadcaster shall have effective control of each incubated station under such relationship.
(2)Determination of successful relationshipThe Commission shall provide in the regulations promulgated under subsection (b) for the determination of whether a qualifying incubation relationship is being carried out successfully or has been completed successfully to be made by the Commission on a case-by-case basis based on information provided in the application process and related forms and materials.  (d)Application process (1)Joint applicationThe Commission shall require an established broadcaster and an emerging broadcaster who propose to enter into a qualifying incubation relationship under the Program to submit to the Commission a joint application for participation in the Program.
(2)Process, forms, and materialsThe Commission shall develop an application process and related forms and materials necessary to carry out the Program.  (3)Application review process (A)Deadline (i)In generalExcept as provided in clause (ii) and subparagraph (B), the Commission shall approve or deny an application for participation in the Program not later than 90 days after the date of the submission of the application.
(ii)Additional time needed by CommissionIf the Commission determines that, because an excessive number of applications have been filed at one time, the Commission needs additional time for employees of the Commission to process the applications, the Commission may extend the deadline described in clause (i) for not more than 45 days. (B)Opportunity for applicant to cure deficiencyIf the Commission determines that an application is materially deficient, the Commission shall provide the applicants a 15-day period to cure the defect before denying the application. If such period would extend beyond the deadline under subparagraph (A) for approving or denying the application, such deadline shall be extended through the end of such period.
(C)Effect of denialDenial of an application for participation in the Program shall not preclude the applicants from resubmitting the application or any applicant from submitting a new application for participation in the Program at a later date. (4)CertificationsThe Commission shall require each applicant submitting an application for participation in the Program to certify to the Commission in the application that, as of the date of the submission of the application—
(A)the applicant intends to participate, in good faith, in the Program; (B)in the case of an emerging broadcaster, the applicant would be unable, without the qualifying incubation relationship proposed in the application—
(i)in the case of any incubated station of which the applicant has effective control as of such date, to continue to successfully operate such station; and (ii)in the case of any incubated station of which the applicant proposes to acquire effective control after such date, to acquire such effective control;
(C)the applicants have established the mutually agreed-upon goals required by subsection (c)(1)(C); and (D)the applicants have established the mutually agreed-upon limitation required by subsection (c)(1)(D).
(5)Limitation on reapplication by established broadcaster after failed relationshipIf, in 3 or more instances, the Commission has terminated the participation of an established broadcaster in the Program under subsection (f) and determined that such established broadcaster was primarily at fault in causing the circumstances on which the termination was based, such established broadcaster may not submit another application for participation in the Program.   (e)Waiver of local ownership rules (1)In generalIf the Commission makes the determination described in paragraph (2) with respect to an established broadcaster and an emerging broadcaster, the Commission shall, not earlier than 1 year after making such determination, grant to the established broadcaster a waiver of paragraph (a) or (b) of section 73.3555 of title 47, Code of Federal Regulations (or any successor regulation) to the extent necessary to permit the established broadcaster—
(A)to hold a cognizable interest in any incubated station under the qualifying incubation relationship; and (B)to hold a cognizable interest in—
(i)if the established broadcaster had effective control of an AM or FM radio broadcast station (except for a low power radio station or a radio translator station) on the day before the date on which the established broadcaster and the emerging broadcaster submitted the application for the Program under subsection (d), 1 radio broadcast station in excess of the number of radio broadcast stations in which the established broadcaster is permitted to hold a cognizable interest under section 73.3555(a) of such title in a radio market that is— (I)specified in paragraph (3)(A); and
(II)selected by the established broadcaster; (ii)if the established broadcaster had effective control of a television broadcast station (except for a low power television station or a television translator station) on the day before the date on which the established broadcaster and the emerging broadcaster submitted the application for the Program under subsection (d), 1 television broadcast station in excess of the number of television broadcast stations in which the established broadcaster is permitted to hold a cognizable interest under section 73.3555(b) of such title in a DMA that is—
(I)specified in paragraph (3)(A); and (II)selected by the established broadcaster; or
(iii)if the established broadcaster had effective control of an AM or FM radio broadcast station (except for a low power radio station or a radio translator station) and a television broadcast station (except for a low power television station or a television translator station) on the day before the date on which the established broadcaster and the emerging broadcaster submitted the application for the Program under subsection (d), either (at the option of the established broadcaster)— (I)1 radio broadcast station in excess of the number of radio broadcast stations in which the established broadcaster is permitted to hold a cognizable interest under section 73.3555(a) of such title in a radio market determined in the same manner as under clause (i); or
(II)1 television broadcast station in excess of the number of television broadcast stations in which the established broadcaster is permitted to hold a cognizable interest under section 73.3555(b) of such title in a DMA determined in the same manner as under clause (ii). (2)Determination of Commission describedThe determination described in this paragraph is a determination that an established broadcaster and an emerging broadcaster have entered into and are successfully carrying out a qualifying incubation relationship under the Program in accordance with an application approved by the Commission under subsection (d) and are in compliance (with respect to such relationship) with the other requirements for the Program established by the Commission.
(3)Specification of radio markets and DMAs
(A)In generalThe radio markets or DMAs (as the case may be) specified in this subparagraph are— (i)if the highest-ranked radio market or DMA in which an incubated station under the qualifying incubation relationship is located is ranked not lower than 25, all radio markets or DMAs;
(ii)if the highest-ranked radio market or DMA in which an incubated station under the qualifying incubation relationship is located is ranked lower than 25 but not lower than 75, the radio markets or DMAs ranked lower than 25; (iii)if the highest-ranked radio market or DMA in which an incubated station under the qualifying incubation relationship is located is ranked lower than 75 but not lower than 100, the radio markets or DMAs ranked lower than 75;
(iv)if the highest-ranked radio market or DMA in which an incubated station under the qualifying incubation relationship is located is ranked lower than 100 but not lower than 150, the radio markets or DMAs ranked lower than 100; and (v)if the highest-ranked radio market or DMA in which an incubated station under the qualifying incubation relationship is located is ranked lower than 150, the radio markets or DMAs ranked lower than 150.
(B)Market rankingsFor purposes of subparagraph (A)— (i)a DMA ranking refers to the rankings of DMAs based on the number of television households, as determined by Nielsen Media Research and published most recently before the granting of the waiver in the Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates (or any successor publication); and
(ii)a radio market ranking refers to the rankings of radio markets based on population, as determined by Nielsen Media Research and published most recently before the granting of the waiver in Radio Market Survey Population, Rankings & Information (or any successor publication).  (4)Termination of waiverThe Commission shall specify in the regulations promulgated under subsection (b) when a waiver granted under paragraph (1) shall terminate.
(f)Termination of participation in Program
(1)In generalExcept as provided in paragraph (2), if the Commission determines that an established broadcaster and an emerging broadcaster are not successfully carrying out a qualifying incubation relationship in accordance with the application approved by the Commission under subsection (d) or are not in compliance (with respect to such relationship) with the other requirements of the Program established by the Commission, the Commission shall terminate the qualifying incubation relationship under the Program and the participation of the established broadcaster and the emerging broadcaster in the Program with respect to such relationship.  (2)Exception for transfer of incubated station (A)In generalThe transfer by an emerging broadcaster of effective control of an incubated station to another person shall not terminate the qualifying incubation relationship under the Program, and such other person shall be substituted as a party to such relationship, if—
(i)such other person meets the requirements for an emerging broadcaster under the Program; (ii)such other person and the established broadcaster continue, with respect to such station, to successfully carry out the qualifying incubation relationship in accordance with the application approved by the Commission under subsection (d) and to comply with the other requirements of the Program established by the Commission; and
(iii)in a case in which the original emerging broadcaster retains effective control of any incubated station under the qualifying incubation relationship, such emerging broadcaster and the established broadcaster continue, with respect to any such station, to successfully carry out the qualifying incubation relationship in accordance with the application approved by the Commission under subsection (d) and to comply with the other requirements of the Program established by the Commission. (B)Treatment as single qualifying incubation relationshipIf, after a transfer described in subparagraph (A), the original emerging broadcaster retains effective control of any incubated station under the qualifying incubation relationship, any such station and any station of which effective control has been so transferred shall be treated as being part of a single qualifying incubation relationship.
(3)Revocation of waiver prohibited
(A)In generalExcept as provided in subparagraph (B), the Commission may not, as a penalty for or consequence of the termination under paragraph (1) of a qualifying incubation relationship between an established broadcaster and an emerging broadcaster, revoke any waiver granted to the established broadcaster under subsection (e)(1) as a result of such relationship. (B)Exception for willful and knowing violationsIf the Commission determines that the circumstances on which the termination under paragraph (1) of a qualifying incubation relationship between an established broadcaster and an emerging broadcaster is based involve a willful and knowing violation by the established broadcaster of this section or a regulation promulgated under this section, the Commission may revoke any waiver granted to the established broadcaster under subsection (e)(1) as a result of such relationship.
(g)Exclusion from quadrennial reviewThe Program, the regulations promulgated by the Commission under this section, and any waiver granted under subsection (e)(1) shall not be subject to review under section 202(h) of the Telecommunications Act of 1996 or section 11 of the Communications Act of 1934 (47 U.S.C. 161). (h)Implementation and enforcementThe Commission shall implement and enforce this section as if this section is a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). A violation of this section, or a regulation promulgated under this section, shall be considered to be a violation of the Communications Act of 1934, or a regulation promulgated under such Act, respectively.
(i)Consideration in Communications Marketplace ReportSection 13(d) of the Communications Act of 1934 (47 U.S.C. 163(d)) is amended by adding at the end the following:  (4)Considering effectiveness of Broadcast Incubator ProgramIn assessing the state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission, with the input of the Office of Communications Business Opportunities of the Commission, shall consider the efficacy of the Broadcast Incubator Program established under section 2 of the Broadcast Diversity in Leadership Act in promoting competition..
(j)Rule of constructionNothing in this section shall be construed to limit the development by the Commission of additional programs or policies to promote the entry of new and diverse voices in the broadcasting industry. (k)DefinitionsIn this section:
(1)Broadcast stationThe term broadcast station has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (2)Cognizable interestThe term cognizable interest has the meaning given such term in note 1 to section 73.3555 of title 47, Code of Federal Regulations (as in effect on the date of the enactment of this Act).
(3)CommissionThe term Commission means the Federal Communications Commission.  (4)DMAThe term DMA means a Designated Market Area, as determined by Nielsen Media Research and published in the Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates (or any successor publication).
(5)Emerging broadcasterThe term emerging broadcaster means a person who— (A)has effective control of a broadcast station (including any class or assignment of television broadcast station and any class of AM or FM radio broadcast station) that such person would be unable to continue to operate successfully without a qualifying incubation relationship under the Program; or
(B)plans to acquire effective control of a broadcast station (including any class or assignment of television broadcast station and any class of AM or FM radio broadcast station) that such person would be unable to acquire without a qualifying incubation relationship under the Program. (6)Established broadcasterThe term established broadcaster means a person who—
(A)has effective control of a broadcast station, including any class or assignment of television broadcast station (except for a low power television station or a television translator station) and any class of AM or FM radio broadcast station (except for a low power radio station or a radio translator station); and (B)is established in the broadcasting industry, as determined by the Commission.
(7)Incubated stationThe term incubated station means a broadcast station— (A)of which an emerging broadcaster has (or plans to acquire) effective control; and
(B)with respect to which an established broadcaster performs (or will perform) incubation activities as part of a qualifying incubation relationship under the Program. (8)Low power television stationThe term low power television station does not include a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.
(9)ProgramThe term Program means the Broadcast Incubator Program established by the regulations promulgated under subsection (b). (10)Radio marketThe term radio market means a radio market, as determined by Nielsen Media Research and published in Radio Market Survey Population, Rankings & Information (or any successor publication).


115 S439 IS: Timely Mental Health for Foster Youth Act
U.S. Senate
2017-02-17
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 CONGRESS1st SessionS. 439IN THE SENATE OF THE UNITED STATESFebruary 17 (legislative day, February 16), 2017Mr. Blunt (for himself, Ms. Stabenow, Mr. Boozman, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend part B of title IV of the Social Security Act to ensure that mental health screenings and
			 assessments are provided to children and youth upon entry into foster
			 care.

 1.Short titleThis Act may be cited as the Timely Mental Health for Foster Youth Act.
		2.Timely mental health screenings and assessments for children and  youth upon
			 entry into foster care
 (a)State plan requirementSection 422(b)(15)(A) of the Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended— (1)in clause (i), by inserting and that require that an initial mental health screening of any child in foster care be completed not later than 30 days after the date the child enters into foster care and, in the case of any child in foster care for whom a mental health issue is identified in such initial screening, that a comprehensive assessment of the mental health of the child be completed not later than 60 days after the date the child enters into foster care before the semicolon; and
 (2)in clause (ii), by striking screenings and inserting such screenings and assessments. (b)Technical amendmentSection 422(b)(15)(A) of such Act (42 U.S.C. 622(b)(15)(A)) is further amended in the matter before clause (i), by striking provides and inserting provide.
			(c)Effective date
 (1)In generalExcept as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 2018.
 (2)Delay permitted if state legislation requiredIn the case of a State plan approved under part B of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.