SECTION 1. SHORT TITLE. This Act may be cited as the ``Rapid DNA Act of 2014''. SEC. 2. DEFINITIONS. The DNA Identification Act of 1994 (42 U.S.C. 14132) is amended by inserting at the end the following: ``SEC. __. DEFINITIONS. ``(1) The term `reference DNA sample' means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. ``(2) The term `DNA analysis' means analysis of the deoxyribonucleic acid (DNA) identification information from a bodily sample. ``(3) The term `sample-to-answer DNA analysis systems' means fully automated systems that after input of a DNA sample can perform all necessary sample preparation and analysis with no operator intervention. ``(4) The term `qualified agencies' means booking stations, jails, prisons, detention centers, other law enforcement organizations, and facilities outside of forensic laboratories that can perform DNA analysis using sample-to-answer DNA systems on subjects meeting current legislative guidelines. ``(5) The term `operators' means persons trained to operate a sample-to-answer DNA system.''. SEC. 3. REVISED QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS. Section 210303 of the DNA Identification Act of 1994 (42 U.S.C. 14131) is amended-- (1) in subsection (a)(1)(B), by inserting after ``Technology'' the following: ``, and members from Federal, State, and local law enforcement agencies.''; (2) in subsection (a)(1)(C), by inserting after ``DNA'' the following: ``and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (3) in subsection (a)(2), by inserting after ``DNA'' the following: ``DNA and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (4) in subsection (a)(3), by inserting after ``used by forensic laboratories'' the following: ``and by qualified agencies conducting analyses of DNA samples using sample-to- answer DNA analysis systems.''; and by inserting after ``determine whether a laboratory'' the following: ``, or agency,''; (5) in subsection (a)(4), by inserting after ``for purposes of this section'' the following: ``, and for qualified agencies the quality assurance guidelines recommended by the scientific working group on DNA analysis methods.''; (6) in subsection (c)(1)(A), by inserting after ``forensic DNA analyses'' the following: ``; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (7) in subsection (c)(1)(B), by inserting after ``forensic DNA analyses'' the following: ``; and for qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (8) in subsection (c)(1)(C), by inserting after ``forensic DNA analyses'' the following: ``; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; and (9) in subsection (c)(2), by inserting after ``routine evidence'' the following: ``; and for qualified agencies the term `blind external proficiency test' means a test that is presented to qualified agencies through a second agency and appears to the operator to involve routine DNA samples for sample-to-answer DNA analysis systems.''. SEC. 4. QUALIFYING AGENCIES. Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended-- (1) in subsection (b)(2), by inserting after ``laboratories'' the following: ``or qualified agencies''; (2) in subsection (b)(2)(A), by striking ``; and'' at the end and inserting a semicolon; and (3) in subsection (b)(2), by inserting the following new subparagraph: ``(C) are a qualifying agency engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and the analysis of DNA samples is conducted on a sample-to-answer DNA analysis system; and''. SEC. 5. DISTRICT OF COLUMBIA DNA ANALYSIS. Section ____ of the DNA Identification Act of 1994 (42 U.S.C. 14135b) is amended in subsection (b), by inserting after ``the DNA shall be analyzed'' the following: ``on a sample-to-answer DNA analysis system''.

Summary: Rapid DNA Act of 2014 - Amends the DNA Identification Act of 1994 to require: the advisory board on DNA quality assurance methods appointed by the Director of the Federal Bureau of Investigation (FBI) to include members from federal, state, and local law enforcement agencies; such board to develop, and the Director to issue, standards for testing the proficiency of qualified agencies (i.e., booking stations, jails, prisons, detention centers, other law enforcement organizations and facilities outside of forensic laboratories) and operators in conducting analyses of DNA samples using sample-to-answer DNA analysis systems (i.e., fully automated systems that prepare and analyze DNA samples with no operator intervention); the National Institute of Justice to certify that the blind external proficiency testing program for DNA analyses has been established and made available to such qualified agencies or is not feasible; and the Index to facilitate law enforcement exchange of DNA identification information to include information on DNA identification records and DNA analyses prepared by such qualified agencies that are engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and that conduct the analysis of DNA samples on a sample-to-answer DNA analysis system.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Nutrition Protection Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) In recent years, there has been a substantial number of instances of price-fixing, bid-rigging, and other fraudulent activity regarding foods purchased for-- (A) the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (2) In 1986, President Reagan issued Executive Order 12549 which was intended to curb fraud, waste, and abuse in Federal programs, increase accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs. (3) During the past several years, the Antitrust Division of the Department of Justice has filed over 95 criminal cases against companies and individuals accused of bid-rigging conspiracies, false statements, mail fraud, price-fixing, and similar activities involving dairy products sold to schools or to the Department of Defense. (4) Over 30 grand juries in several States are investigating similar activities. (5) 45 corporations and 48 individuals have been convicted by Federal courts of similar activities, and total fines and civil damages of approximately $100,000,000 have been assessed in Federal and State court actions for similar activities. (6) Although several companies have violated the regulations of food and nutrition programs of the Department of Agriculture, such companies continue to participate in such programs and monetarily benefit from such programs. (7) A report of the Comptroller General of the United States noted that, as of March 1992, the Secretary of Agriculture had neither suspended nor debarred any of the 13 dairy companies or 28 individuals convicted of milk contract bid-rigging from participating in the school lunch and school breakfast programs. (8) Effective educational and monitoring programs can greatly reduce the incidence of fraud, price-fixing, and bid- rigging by companies that sell food products to schools. (9) Reducing the incidence of fraud, price-fixing, and bid- rigging in connection with the school lunch and school breakfast programs could save school districts, parents, and taxpayers millions of dollars per year. (10) The Comptroller General of the United States has noted that bid-rigging awareness training is an effective means of deterring improper collusion and bid-rigging. (11) The Comptroller General of the United States in a General Accounting Office report addressed many of the concerns described in this section with respect to bid-rigging in the school lunch program. SEC. 3. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING TO NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION PROGRAMS. (a) In General.--The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: ``SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT DEBARMENT. ``(a) Definitions.--For purposes of this section, the following definitions apply: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. ``(2) Child nutrition program.--The term `child nutrition program' means-- ``(A) the school lunch program established under this Act; ``(B) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); ``(C) the special milk program established under section 3 of such Act (42 U.S.C. 1772); ``(D) the special nutrition program for women, infants, and children authorized under section 17 of such Act (42 U.S.C. 1786); ``(E) the summer food service program for children established under section 13 of this Act; and ``(F) the child and adult care food program established under section 17 of this Act. ``(3) Contractor.--The term `contractor' means a person that contracts with a State, an agency of a State, or a local agency to provide goods or services in conjunction with the participation of a local agency in a child nutrition program. ``(4) Local agency.--The term `local agency' means a school, school food authority, child care center, sponsoring organization, or other entity authorized to operate a child nutrition program at the local level. ``(5) Nonprocurement debarment.--The term `nonprocurement debarment' means an action to bar a person from programs and activities involving Federal financial and nonfinancial assistance, but not including Federal procurement programs and activities. ``(6) Person.--The term `person' means any individual, corporation, partnership, association, or other legal entity, however organized. ``(b) Assistance to Identify and Prevent Fraud and Anticompetitive Activities.--The Secretary shall-- ``(1) through the food service management institute authorized under section 21, provide advice, training, technical assistance, and guidance (which may include awareness training, training films, and troubleshooting advice) to representatives of States and local agencies regarding means of identifying and preventing fraud and anticompetitive activities relating to the provision of goods or services in conjunction with the participation of a local agency in a child nutrition program; and ``(2) provide information to, and fully cooperate with, the Attorney General and State attorneys general regarding investigations of fraud and anticompetitive activities relating to the provision of goods or services in conjunction with the participation of a local agency in a child nutrition program. ``(c) Nonprocurement Debarment.-- ``(1) In general.--Except as provided in paragraph (3), not later than 180 days after notification of the occurrence of a cause for debarment described in paragraph (2), the Secretary shall initiate nonprocurement debarment proceedings against the contractor who has committed the cause for debarment. ``(2) Causes for debarment.--Actions requiring initiation of nonprocurement debarment pursuant to paragraph (1) shall include the following: ``(A) A contractor commits an action or series of actions which constitute a substantial and material violation of a regulation of a child nutrition program of the Department of Agriculture, as determined by the Secretary. ``(B) A contractor is found guilty in any criminal, civil, or administrative proceeding, or found liable in any civil or administrative proceeding, in connection with the supplying, providing, or selling of a product or commodity to any local agency or to any Federal agency in connection with the child nutrition programs, of-- ``(i) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State antitrust laws; ``(ii) fraud, bribery, theft, forgery or embezzlement; ``(iii) breach of contract; ``(iv) making a false claim or statement; or ``(v) other obstruction of justice. ``(3) Exception.--If the Secretary determines that a decision on initiating nonprocurement debarment proceedings cannot be made within 180 days after notification of the occurrence of a cause for debarment described in paragraph (2) because of the need to further investigate matters relating to the possible debarment, the Secretary may have such additional time as the Secretary considers necessary to make a decision, but not to exceed an additional 180 days. ``(4) Mandatory child nutrition program debarment periods.-- ``(A) In general.--Subject to the other provisions of this paragraph and notwithstanding any other provision of law except subsection (d), if, after deciding to initiate nonprocurement debarment proceedings pursuant to paragraph (1), the Secretary decides to debar a contractor, the debarment shall be for a period of not less than 3 years. ``(B) Previous debarment.--If the contractor has been previously debarred pursuant to nonprocurement debarment proceedings initiated pursuant to paragraph (1), and the cause for debarment is described in paragraph (2) based on activities that occurred subsequent to the initial debarment, the debarment shall be for a period of not less than 5 years. ``(C) Scope.--At a minimum, a debarment under this subsection shall serve to bar the contractor for the specified period from contracting to provide goods or services in conjunction with the participation of a local agency in a child nutrition program. ``(D) Reversal, reduction, or exception.--Nothing in this paragraph shall restrict the ability of the Secretary to reverse a debarment decision, to reduce the period or scope of a debarment, nor to grant an exception permitting a debarred contractor to participate in a particular contract to provide goods or services in conjunction with the participation of a local agency in a child nutrition program, if the Secretary determines there is good cause for the action. ``(5) Information.--On request, the Secretary shall present to the appropriate congressional committees information regarding the decisions required by this subsection. ``(6) Relationship to other authorities.--A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to penalize, imprison, fine, suspend, debar, or take other adverse action against a person in a civil, criminal, or administrative proceeding. ``(7) Regulations.--The Secretary shall issue such regulations as are necessary to carry out this subsection. ``(d) Mandatory Debarment.--Notwithstanding any other provision of this section, the Secretary shall initiate nonprocurement debarment proceedings against the contractor (including any cooperative) who has committed the cause for debarment (as determined under section (c)(2)), unless the action-- ``(1) is likely to have a significant adverse effect on competition or prices in the relevant market or nationally; ``(2) will interfere with the ability of a local agency to procure a needed product for a child nutrition program; ``(3) is unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; or ``(4) is not in the public interest, as determined by the Secretary. ``(e) Exhaustion of Administrative Remedies.--Prior to seeking judicial review in a court of competent jurisdiction, a contractor against whom a nonprocurement debarment proceeding has been initiated shall-- ``(1) exhaust all administrative procedures prescribed by the Secretary; and ``(2) receive notice of the final determination of the Secretary. ``(f) Information Relating to Prevention and Control of Anticompetitive Activities.--On request, the Secretary shall present to the appropriate congressional committees information regarding the activities of the Secretary relating to anticompetitive activities, fraud, nonprocurement debarment, and any waiver granted by the Secretary under this section.''. (b) Applicability.--Section 25(c) of the National School Lunch Act (as added by subsection (a)) shall not apply to a cause for debarment as described in section 25(c)(2) of such Act that is based on an activity that took place prior to the date of enactment of this Act. SEC. 4. REPORT ON CONSISTENT DEBARMENT POLICY. Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, and such other officials as the Secretary of Agriculture determines are appropriate, shall advise the appropriate committees of the Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a consistent debarment policy under-- (1) the Federal acquisition regulations issued under title 48, Code of Federal Regulations; and (2) Federal nonprocurement regulations. SEC. 5. NO REDUCTION IN AUTHORITY TO DEBAR OR SUSPEND A PERSON FROM FEDERAL FINANCIAL AND NONFINANCIAL ASSISTANCE AND BENEFITS. (a) In General.--The authority of the Secretary of Agriculture that exists on the date of enactment of this Act to debar or suspend a person from Federal financial and nonfinancial assistance and benefits under Federal programs and activities, on a government-wide basis, shall not be diminished or reduced by this Act or the amendment made by section 3 of this Act. (b) Debarment or Suspension.--The Secretary may continue, after the date of enactment of this Act, to debar or suspend a person on a government-wide basis, from Federal financial and nonfinancial assistance and benefits for any cause for debarment or suspension that is specified in part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, or as otherwise permitted by law, including regulations.

Summary: Child Nutrition Protection Act of 1994 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide State and local agencies with training and other assistance to prevent fraud and anticompetitive activities in the school lunch, school breakfast, special milk, summer food service, WIC, and child and adult care food programs. Directs the Secretary to bar a company for at least three years (five years for a repeat conviction) from program participation upon conviction for anticompetitive or specified related activities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Front Heritage Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation management area.--The term ``Conservation Management Area'' means the Rocky Mountain Front Conservation Management Area established by section 3(a)(1). (2) Decommission.--The term ``decommission'' means-- (A) to reestablish vegetation on a road; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (3) District.--The term ``district'' means the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (4) Map.--The term ``map'' means the map entitled ``Rocky Mountain Front Heritage Act'' and dated October 27, 2011. (5) Nonmotorized recreation trail.--The term ``nonmotorized recreation trail'' means a trail designed for hiking, bicycling, or equestrian use. (6) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (7) State.--The term ``State'' means the State of Montana. SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA. (a) Establishment.-- (1) In general.--There is established the Rocky Mountain Front Conservation Management Area in the State. (2) Area included.--The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map. (3) Incorporation of acquired land and interests.--Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall-- (A) become part of the Conservation Management Area; and (B) be managed in accordance with-- (i) in the case of land managed by the Forest Service-- (I) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 552 et seq.); and (II) any laws (including regulations) applicable to the National Forest System; (ii) in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (iii) this section; and (iv) any other applicable law (including regulations). (b) Purposes.--The purposes of the Conservation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Conservation Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Management Area-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; and (B) in accordance with-- (i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management; (iii) this section; and (iv) any other applicable law (including regulations). (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary roads shall be constructed within the Conservation Management Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; (II) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than \1/4\ mile from the Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road; (III) authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); or (IV) responding to an emergency. (iv) Decommissioning of temporary roads.-- The Secretary shall decommission any temporary road constructed under clause (iii)(II) not later than 3 years after the date on which the applicable vegetation management project is completed. (C) Grazing.--The Secretary shall permit grazing within the Conservation Management Area, if established on the date of enactment of this Act-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws; and (ii) in a manner consistent with-- (I) the purposes described in subsection (b); and (II) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (D) Vegetation management.--Nothing in this Act prevents the Secretary from conducting vegetation management projects within the Conservation Management Area-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws (including regulations); and (ii) in a manner consistent with the purposes described in subsection (b). SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System: (1) Bob marshall wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act (16 U.S.C. 1132). (2) Scapegoat wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92-395 (16 U.S.C. 1132 note). (b) Management of Wilderness Additions.--Subject to valid existing rights, the land designated as wilderness additions by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (c) Livestock.--The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this section, if established before the date of enactment of this Act, shall be permitted to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (d) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions designated by this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency. (e) Adjacent Management.-- (1) In general.--The designation of a wilderness addition by this section shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. SEC. 5. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by sections 3 and 4, respectively. (b) Force of Law.--The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal descriptions. (c) Public Availability.--The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. SEC. 6. NOXIOUS WEED MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district. (b) Contents.--The management strategy shall-- (1) include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds; (2) identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others; (3) identify existing resources for preventing, controlling, and eradicating noxious weeds in the district; (4) identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; and (5) identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.). (c) Consultation.--In developing the management strategy required under subsection (a), the Secretary shall consult with-- (1) the Secretary of the Interior; (2) appropriate State, tribal, and local governmental entities; and (3) members of the public. SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES. Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district. SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING. Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State. SEC. 9. OVERFLIGHTS. (a) Jurisdiction of the Federal Aviation Administration.--Nothing in this Act affects the jurisdiction of the Federal Aviation Administration with respect to the airspace above the wilderness or the Conservation Management Area. (b) Benchmark Airstrip.--Nothing in this Act affects the continued use, maintenance, and repair of the Benchmark (3U7) airstrip. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Summary: . Rocky Mountain Front Heritage Act of 2013 - (Sec. 3) Establishes the Rocky Mountain Front Conservation Management Area in Montana consisting of approximately 195,073 acres of federal land managed by Forest Service and 13,087 acres of federal land managed by the Bureau of Land Management (BLM). Permits the Secretary of Agriculture with respect to Forest Service land or the Secretary of the Interior with respect to BLM land (the Secretary concerned) to only allow uses of the Conservation Management Area that would conserve, protect, and enhance the benefit and enjoyment of present and future generations of the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Area. Sets forth provisions for the management of the Conservation Management Area regarding motorized vehicles and vegetation management projects. Allows the Secretary concerned to permit grazing within the Conservation Management Area if it was established before enactment of this Act. (Sec. 4) Designates specified land within the Lewis and Clark National Forest in Montana as wilderness. Adds the land to the National Wilderness Preservation System. Permits livestock grazing and the maintenance of existing grazing facilities to continue if it was established before enactment of this Act. Authorizes the Secretary concerned to take necessary measures to control fires, insects, and diseases. (Sec. 6) Directs the Department of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (Sec. 7) Authorizes USDA to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. (Sec. 8) States that nothing in this Act affects Montana's jurisdiction over fish and wildlife management, including the regulation of hunting and fishing. (Sec. 9) States that nothing in this Act affects the jurisdiction of the Federal Aviation Administration (FAA) respecting the airspace above the wilderness or the Conservation Management Area nor the continued use, maintenance, and repair of the Benchmark (3U7) airstrip.


SECTION 1. SHORT TITLE. This Act may be cited as the ``New Economy Workforce Act''. SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS. Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(1)) is amended-- (1) by striking ``(1) Immigrant visas'' and inserting ``(1)(A) Subject to the succeeding provisions of this paragraph, immigrant visas''; and (2) by adding at the end the following: ``(B)(i) An immigrant visa may be made available under paragraph (1), (2)(B), (3), or (4) of subsection (a) to an alien who-- ``(I) does not have a bachelor's degree (or higher degree) only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has such a degree; or ``(II) is not a high school graduate only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has a bachelor's degree (or higher degree) or who is a high school graduate. ``(ii) For purposes of clause (i)-- ``(I) the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree; and ``(II) the term `high school graduate' means an individual who has successfully completed either a 12-year course of elementary and secondary school study in the United States or a formal course of elementary and secondary school study abroad equivalent to a 12-year course of elementary and secondary school study in the United States. ``(iii) The determination of educational status under clause (i) shall be made using the most recent evidence with respect to educational credentials proffered by the alien.''. SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS. Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) is amended to read as follows: ``(2) Requirement of education.-- ``(A) In general.--An alien is not eligible for a visa under this subsection unless the alien has a bachelor's degree (or higher degree). ``(B) Definition.--For purposes of subparagraph (A), the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree.''. SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND VERIFICATION OF EDUCATIONAL CREDENTIALS. Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(h) Determinations With Respect to Foreign Degree Equivalence.-- For purposes of subsections (c)(2) and (e)(1)(B), in the case of an alien obtaining a foreign degree, or completing a foreign course of elementary and secondary school study, any determination with respect to the equivalence of that degree or course of study to a degree obtained, or a course of study completed, in the United States shall be made by the Secretary of State. In carrying out the preceding sentence, the Secretary of State shall verify the authenticity of any foreign educational credential proffered by an alien.''. SEC. 5. ADMINISTRATIVE OBLIGATIONS. (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General, shall promulgate regulations regarding the allocation of immigrant visas, made available under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the Immigration and Nationality Act, pursuant to the amendments made by this Act. (b) Determinations With Respect to Foreign Degrees.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General and the Secretary of Education, shall promulgate regulations to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (2) Imposition of fee.--Such regulations may permit the Secretary of State to charge and collect a processing and verification fee, to be set at a level that will ensure recovery of the full costs incurred in carrying out such section 203(h). (3) Use of fee.--There is established in the general fund of the Treasury a separate account, which shall be known as the ``Foreign Degree Equivalence Account''. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected pursuant to paragraph (2). Amounts deposited into the account shall remain available to the Secretary of State until expended to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (c) Other Regulations.--Except as provided in subsections (a) and (b), not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall promulgate regulations implementing the amendments made by this Act. (d) Forms.--Not later than 90 days after the date on which regulations are promulgated under subsections (a) through (c), the Attorney General and the Secretary of State shall each make available revised forms, as appropriate, that prominently include instructions regarding procedures for establishing an alien's level of educational attainment for purposes of the amendments made by this Act. Such forms shall include appropriate forms for supplementing prior submissions. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to immigrant visas made available under section 203(a) of the Immigration and Nationality Act on or after the date that is 180 days after the date of the enactment of this Act, and immigrant visas made available under section 203(c) of such Act on or after October 1, 2002, regardless of the date any classification petition under section 204 of such Act may have been filed.

Summary: Requires diversity immigrants to have at least a bachelor's degree. Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Reform and Enhancement Act of 2010''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL PROTECTIVE SERVICE. (a) In General.--There is authorized to be appropriated to the Director of the Federal Protective Service $246,000,000 for fiscal year 2011 to carry out Federal Protective Service counterterrorism functions, including-- (1) law enforcement on federally controlled property; (2) incident investigations; (3) suspect capture and detention; (4) 24-hour security alarm monitoring; (5) nationwide dispatch services; (6) facility security assessments; and (7) terrorism prevention. (b) Sufficient Funding to Effectively Double the Size of the Federal Protective Service Inspector Force.--In addition to amounts authorized under subsection (a), the Federal Protective Service is authorized 1,200 full-time equivalent positions in the Federal Protective Service inspector force that monitor performance of security personal services procured by contract. SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT BASIC SECURITY FUNCTIONS. (a) In General.--Section 1315(a) of title 40, United States Code, is amended by-- (1) striking ``(a) In General.--'' and inserting the following: ``(a) In General.-- ``(1) Protection of federal property.--''; and (2) by adding at the end the following new paragraph: ``(2) Authority over gsa properties.--The Secretary, acting through the Federal Protective Service, shall have the lead authority in the executive branch to carry out counterterrorism functions on Federal property managed by the General Services Administration (including property leased by the General Services Administration), including-- ``(A) law enforcement on federally controlled property; ``(B) incident investigations; ``(C) suspect capture and detention; ``(D) 24-hour security alarm monitoring; ``(E) nationwide dispatch services; ``(F) facility security assessments; and ``(G) terrorism prevention. ``(3) Agreements with other law enforcement authorities.-- Nothing in this subsection shall preempt the Federal Protective Service from entering into agreements with other Federal, State, or local law enforcement authorities to provide security or respond to incidents on property that is under the jurisdiction and control of the Administrator of General Services.''. (b) Conforming Amendments.-- (1) Section 1315(g) of title 40, United States Code, is amended by striking ``Nothing'' and inserting ``Subject to subsection (a)(2), nothing''. (2) Section 1706(b)(2) of the Homeland Security Act of 2002 (40 U.S.C. 1315 note) is amended by striking ``The Secretary'' and inserting ``Subject to subsection (a)(2), the Secretary''. SEC. 4. STRATEGIC PLAN REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress a 5-year budget outlook and strategic plan for the Federal Protective Service that includes the following: (1) Estimates of staffing and associated costs the Federal Protective Service requires in order to provide basic security functions. (2) Estimates of staffing and associated costs the Federal Protective Service requires in order to assess the need for and, as appropriate, provide building specific security countermeasures. (3) Estimates of staffing and associated cost the Federal Protective Service requires for reimbursable agency-specific security work authorization functions. (4) Reviews of the performance of contractor-provided security guards that assesses both quality and cost of individual private contract guard companies performing Federal Protective Service guard functions under contract. (b) Updates.--The Secretary shall include an annual update of such plan with the President's annual budget submission to the Congress. SEC. 5. FACILITY SECURITY RISK ASSESSMENTS. (a) In General.--The Secretary of Homeland Security, acting through the Director of Federal Protective Service, shall-- (1) conduct facility security assessments in consultation with the facility security committee established for a facility; (2) prepare a report on each assessment, including recommendations of countermeasures against a terrorist attack to ensure the security of the facility concerned; and (3) give the facility security committee established for such a facility a 60-day period to review and comment on each report. (b) Selection of Recommendations for Implementation.-- (1) Selection by gsa.--Upon the completion of the period for review and comment under subsection (a)(3)-- (A) the Director shall submit the assessment report to the Administrator of General Services; and (B) the Administrator may select for implementation any of the recommendations of countermeasures in the report for implementation. (2) Notification of nonselection.--If the Administrator determines that any of the recommendations of countermeasures in a report submitted under paragraph (1) should not be implemented for a facility, the Administrator shall notify the head of each Federal agency in the facility and the facility security committee for the facility that the recommendation will not be implemented, including the reasons why. (3) Selection by facility security committee.--If a facility security committee receives notice under paragraph (2) regarding any recommendations, it may select any of the recommendations for implementation. (c) Reimbursement.--If any of the recommendations in a report submitted under subsection (a) is selected by the Administrator or a facility security committee under subsection (c) for implementation-- (1) the Director shall implement the recommendation; (2) the Administrator shall allocate to the Federal agencies in that facility the costs incurred by the Federal Protective Service for such implementation; and (3) each such agency shall reimburse the Federal Protective Service for the costs allocated to the agency by the Administrator. (d) Annual Report.--The Director shall submit an annual report to Congress on the disposition of recommendations included in reports under this section that the Administrator did not select for implementation. (e) Facility Security Committee Defined.--In this section the term ``facility security committee'' means a facilities facility security committee established pursuant to the report entitled ``Vulnerability Assessment of Federal Facilities'', issued by the Interagency Security Committee established by Executive Order 12977. SEC. 6. CONTRACT GUARD STAFF. (a) Minimum Standards for Training and Annual Recertification.--The Secretary of Homeland Security shall develop minimum standards for training and annual recertification for the Federal Protective Service's contract guards including-- (1) minimum fitness standards; (2) annual recertification on access control policies and control equipment, including x-ray and magnetometer training; (3) training in arrest and control procedures; (4) training in operation of emergency equipment; (5) basic first aid and CPR training and certification; (6) weapons training, as applicable; and (7) behavior detection training. (b) Pilot Program.-- (1) In general.--Within 1 year after the date of enactment of this Act, the Director shall establish a 3-year pilot program in not less than 3 level IV facilities to test and evaluate-- (A) to what extent efficiencies exist in having a federalized guard staff; and (B) to what extent such a federalized guard staff provides a measurable improvement in facility or personnel security. (2) Report.--Not later than 120 days before the commencement of the program, the Director shall report to Congress regarding what performance metrics will be considered in measuring improvement in efficiencies and security provided by such a federalized guard staff. (3) Monitoring by gao.--The Comptroller General of the United States-- (A) shall monitor and review the conduct of the pilot program; and (B) shall submit to Congress and the Secretary of Homeland Security an interim report 6 months after the commencement of the pilot program, and a final report within 120 days after the conclusion of the pilot program, that each addresses whether-- (i) the Secretary has established sufficient mechanisms to determine whether the pilot program provides efficiencies in protecting Federal facilities; (ii) the pilot program consists of an adequate sample of level IV facilities; and (iii) there are cost savings and security enhancements realized by having a federalized guard force. SEC. 7. SITE INSPECTIONS. (a) Right of Entry.--For purposes of carrying out this Act, the Secretary of Homeland Security shall have, on presentation of credentials, a right of entry to, on, or through any property for which security is provided by the Federal Protective Service. (b) Inspections and Verifications.-- (1) In general.--The Secretary shall, at such time and place as the Secretary determines to be reasonable and appropriate, conduct security inspections and verifications for property for which security is provided by the Federal Protective Service. (2) Unannounced inspections.--In addition to any inspection conducted pursuant to paragraph (1), the Secretary shall require such properties to undergo unannounced security inspections. The inspections required under this paragraph shall be-- (A) conducted without prior notice to the facility; (B) designed to evaluate undergoing inspection-- (i) the ability of the Federal Protective Service security and contract guards to prevent an incident that applicable security performance standards are intended to prevent; (ii) the ability of the Federal Protective Service security and contract guards to protect against terrorist threats that are required to be addressed by applicable performance standards; and (iii) any weaknesses in the security plan of the facility; (C) conducted so as not to affect the actual security, physical integrity, or safety of the property or its employees while the inspection is conducted; and (D) conducted at least-- (i) every year in the case of a level IV facility; (ii) every 2 years in the case of a level III facility; (iii) every 3 years in the case of a level II facility; and (iv) every four years in the case of a level I facility. (c) Report.--The Secretary shall report annually with the President's budget submission to Congress on covert testing strategy and results of unannounced inspections under this section. SEC. 8. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND TRAINING. (a) In General.--Within 6 months of the date of enactment of this Act, the Director of the Federal Protective Service, in consultation with the Assistant Secretary, Transportation Security Administration, shall publish-- (1) a list of qualified vendors and a list of qualified products that would promote common standards of deployment of personnel and technology; (2) standards for training personnel, among all Federal Protective Service protected properties; and (3) best practices for utilizing items on the qualified products list so they are utilized in the most effective manner, including a process to best utilize existing products currently deployed. (b) Requirement To Use Lists.-- (1) In general.--Following the publication of the qualified vendors list and the qualified products list under subsection (a), the Federal Protective Service may not enter into any contractual arrangement for services or products covered by such lists-- (A) with any person that is not included on the qualified vendors list; (B) for procurement of any product that is not included on the qualified products list; or (C) under which a subcontract may be awarded to a person that is not included on the qualified vendors list. (2) Limitation on application.-- (A) In general.--Paragraph (1) shall not apply to any contract the Director of the Federal Protective Service determines to be necessary to carry out the security missions of the Federal Protective Service. (B) Notification to congress.--The Director shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate in writing within 30 days after entering any contract under this paragraph, setting forth the determination under subparagraph (A) and the basis for that determination. (c) Cooperative Agreement.--Within 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall require the Assistant Secretary, Transportation Security Administration, the Under Secretary for Science and Technology, and the Under Secretary for National Protection and Programs to enter into a memorandum of understanding, or similar cooperative agreement, pursuant to which the Transportation Security Laboratory will provide the Federal Protective Service with expertise, consultation, exchange of information, and testing for technology covered by the qualified vendors list and the qualified products list required by this section. SEC. 9. PROHIBITED ITEMS LIST. (a) In General.--Not later than the end of the 180-day period beginning on the date of enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary of the National Programs and Protection Directorate and in consultation with Administrator of General Services, shall issue and implement a list of items, including component parts, that are prohibited from being brought into facilities protected by Federal Protective Service, unless specifically authorized on a case-by-case basis by the Secretary or the Secretary's designee. (b) Additional Items.--Nothing in this section prohibits a facility security committee from prohibiting items that are not included on such list from being brought into the facility of that committee. (c) Failure To Issue List.--If the Secretary of Homeland Security fails to implement a prohibited items list in accordance with subsection (a), then the prohibited items list established by the Transportation Security Administration for civilian aviation shall apply for facilities protected by Federal Protective Service-- (1) effective upon expiration of the period referred to in subsection (a); and (2) until such time as the Secretary, acting through the Under Secretary of the National Programs and Protection Directorate, issues a prohibited items list described in subsection (a). (d) Facility Security Committee Defined.--In this section the term ``facility security committee'' means a facility security committee established pursuant to the report entitled ``Vulnerability Assessment of Federal Facilities'', issued by the Interagency Security Committee established by Executive Order 12977. SEC. 10. REPORT REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the following: (1) A strategy for more effectively managing the contract guard program of the Federal Protective Service that ensures there is adequate oversight and monitoring of training for such program. (2) A status report on the implementation of the RAMP program, including an estimated date by which it will be fully operational. (3) Estimates of the additional manpower, resources, and funding the Federal Protective Service would need in order to provide security for high-profile terror trials in multiple or varying locations. (4) A status report on the implementation of the CADIS program, including an estimated date by which it will be fully operational. (5) A coordinated strategy for cooperation between the Under Secretary of National Programs and Protection and the Under Secretary for Science and Technology regarding research, development, and deployment of security technology conducted by the Transportation Security Laboratory. (b) Definitions.--In this section: (1) CADIS program.--The term ``CADIS program'' means the Computer Aided Dispatch Information System of the Federal Protective Service. (2) RAMP program.--The term ``RAMP program'' means the Risk Assessment and Management Program of the Federal Protective Service.

Summary: Federal Protective Service Reform and Enhancement Act of 2010 - Authorizes: (1) appropriations to the Director of the Federal Protective Service (FPS) for FY2011 to carry out counterterrorism functions; and (2) 1,200 full-time equivalent positions in the inspector force that monitor performance of security personal services procured by contract. Grants the Secretary of the Department of Homeland Security (DHS), acting through FPS, lead authority in the executive branch to carry out counterterrorism functions on federal property managed by the General Services Administration (GSA). Requires the Secretary to submit to Congress a five-year budget outlook and strategic plan for FPS. Requires annual updates. Directs the Secretary, through the Director, to: (1) conduct facility security assessments; (2) prepare a report on each assessment; and (3) give the facility security committee established for such a facility a 60-day period to review and comment on each report. Provides for the selection by GSA of recommendations for implementation. Requires: (1) the Secretary to develop minimum standards for training and annual recertification for FPS's contract guards; (2) the Director to establish a three-year pilot program in not less than three level IV facilities to test and evaluate to what extent efficiencies exist in having a federalized guard staff and to what extent such a staff provides a measurable improvement in security; and (3) the Comptroller General to monitor and review the program. Grants the Secretary a right of entry to property for which security is provided by FPS for unannounced inspections. Requires the Secretary to conduct security inspections, including unannounced inspections, of such properties. Directs the Director to publish: (1) a list of qualified vendors and products that would promote common standards of deployment of personnel and technology; (2) standards for training personnel among all FPS protected properties; and (3) best practices for utilizing items on the qualified products list. Directs the Secretary to issue and implement a list of items that are prohibited from being brought into facilities protected by FPS unless specifically authorized on a case-by-case basis.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cosmetology Tax Fairness and Compliance Act of 2003''. SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEE TIPS. (a) Expansion of Credit to Other Lines of Business.--Paragraph (2) of section 45B(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Application only to certain lines of business.--In applying paragraph (1), there shall be taken into account only tips received from customers or clients in connection with-- ``(A) the providing, delivering, or serving of food or beverages for consumption if the tipping of employees delivering or serving food or beverages by customers is customary, or ``(B) the providing of any cosmetology service for customers or clients at a facility licensed to provide such service if the tipping of employees providing such service is customary.'' (b) Definition of Cosmetology Service.--Section 45B of such Code is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Cosmetology Service.--For purposes of this section, the term `cosmetology service' means-- ``(1) hairdressing, ``(2) haircutting, ``(3) manicures and pedicures, ``(4) body waxing, facials, mud packs, wraps, and other similar skin treatments, and ``(5) any other beauty related service provided at a facility at which a majority of the services provided (as determined on the basis of gross revenue) are described in paragraphs (1) through (4).'' (c) Effective Date.--The amendments made by this section shall apply to tips received for services performed after December 31, 2003. SEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF COSMETOLOGY SERVICES. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050T the following new section: ``SEC. 6050U. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION TO BE PROVIDED TO COSMETOLOGISTS. ``(a) In General.--Every person (referred to in this section as a `reporting person') who-- ``(1) employs 1 or more cosmetologists to provide any cosmetology service, ``(2) rents a chair to 1 or more cosmetologists to provide any cosmetology service on at least 5 calendar days during a calendar year, or ``(3) in connection with its trade or business or rental activity, otherwise receives compensation from, or pays compensation to, 1 or more cosmetologists for the right to provide cosmetology services to, or for cosmetology services provided to, third-party patrons, shall comply with the return requirements of subsection (b) and the taxpayer education requirements of subsection (c). ``(b) Return Requirements.--The return requirements of this subsection are met by a reporting person if the requirements of each of the following paragraphs applicable to such person are met. ``(1) Employees.--In the case of a reporting person who employs 1 or more cosmetologists to provide cosmetology services, the requirements of this paragraph are met if such person meets the requirements of sections 6051 (relating to receipts for employees) and 6053(b) (relating to tip reporting) with respect to each such employee. ``(2) Independent contractors.--In the case of a reporting person who pays compensation to 1 or more cosmetologists (other than as employees) for cosmetology services provided to third-party patrons, the requirements of this paragraph are met if such person meets the applicable requirements of section 6041 (relating to returns filed by persons making payments of $600 or more in the course of a trade or business), section 6041A (relating to returns to be filed by service-recipients who pay more than $600 in a calendar year for services from a service provider), and each other provision of this subpart that may be applicable to such compensation. ``(3) Chair renters.-- ``(A) In general.--In the case of a reporting person who receives rent or other fees or compensation from 1 or more cosmetologists for use of a chair or for rights to provide any cosmetology service at a salon or other similar facility for more than 5 days in a calendar year, the requirements of this paragraph are met if such person-- ``(i) makes a return, according to the forms or regulations prescribed by the Secretary, setting forth the name, address, and TIN of each such cosmetologist and the amount received from each such cosmetologist, and ``(ii) furnishes to each cosmetologist whose name is required to be set forth on such return a written statement showing-- ``(I) the name, address, and phone number of the information contact of the reporting person, ``(II) the amount received from such cosmetologist, and ``(III) a statement informing such cosmetologist that (as required by this section), the reporting person has advised the Internal Revenue Service that the cosmetologist provided cosmetology services during the calendar year to which the statement relates. ``(B) Method and time for providing statement.--The written statement required by clause (ii) of subparagraph (A) shall be furnished (either in person or by first-class mail which includes adequate notice that the statement or information is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under clause (i) of subparagraph (A) is to be made. ``(c) Taxpayer Education Requirements.--In the case of a reporting person who is required to provide a statement pursuant to subsection (b), the requirements of this subsection are met if such person provides to each such cosmetologist annually a publication, as designated by the Secretary, describing-- ``(1) in the case of an employee, the tax and tip reporting obligations of employees, and ``(2) in the case of a cosmetologist who is not an employee of the reporting person, the tax obligations of independent contractors or proprietorships. The publications shall be furnished either in person or by first-class mail which includes adequate notice that the publication is enclosed. ``(d) Definitions.--For purposes of this section-- ``(1) Cosmetologist.-- ``(A) In general.--The term `cosmetologist' means an individual who provides any cosmetology service. ``(B) Anti-avoidance rule.--The Secretary may by regulation or ruling expand the term `cosmetologist' to include any entity or arrangement if the Secretary determines that entities are being formed to circumvent the reporting requirements of this section. ``(2) Cosmetology service.--The term `cosmetology service' has the meaning given to such term by section 45B(c). ``(3) Chair.--The term `chair' includes a chair, booth, or other furniture or equipment from which an individual provides a cosmetology service (determined without regard to whether the cosmetologist is entitled to use a specific chair, booth, or other similar furniture or equipment or has an exclusive right to use any such chair, booth, or other similar furniture or equipment). ``(e) Exceptions for Certain Employees.--Subsection (c) shall not apply to a reporting person with respect to an employee who is employed in a capacity for which tipping (or sharing tips) is not customary.'' (b) Conforming Amendments.-- (1) Section 6724(d)(1)(B) of such Code (relating to the definition of information returns) is amended by redesignating clauses (xii) through (xviii) as clauses (xiii) through (xix), respectively and by inserting after clause (xi) the following new clause: ``(xii) section 6050U(a) (relating to returns by cosmetology service providers).'' (2) Section 6724(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by inserting after subparagraph (BB) the following new subparagraph: ``(CC) subsections (b)(3)(A)(ii) and (c) of section 6050U (relating to cosmetology service providers) even if the recipient is not a payee.'' (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding after section 6050T the following new item: ``Sec. 6050U Returns relating to cosmetology services and information to be provided to cosmetologists.'' (c) Effective Date.--The amendments made by this section shall apply to calendar years after 2003.

Summary: Cosmetology Tax Fairness and Compliance Act of 2003 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists. Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Access to Emergency Defibrillation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Over 220,000 Americans die each year from cardiac arrest. Every 2 minutes, an individual goes into cardiac arrest in the United States. (2) The chance of successfully returning to a normal heart rhythm diminishes by 10 percent each minute following sudden cardiac arrest. (3) Eighty percent of cardiac arrests are caused by ventricular fibrillation, for which defibrillation is the only effective treatment. (4) Sixty percent of all cardiac arrests occur outside the hospital. The average national survival rate for out-of- hospital cardiac arrest is only 5 percent. (5) Communities that have established and implemented public access defibrillation programs have achieved average survival rates for out-of-hospital cardiac arrest as high as 50 percent. (6) According to the American Heart Association, wide use of defibrillators could save as many as 50,000 lives nationally each year. (7) Successful public access defibrillation programs ensure that cardiac arrest victims have access to early 911 notification, early cardiopulmonary resuscitation, early defibrillation, and early advanced care. SEC. 3. PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND PROJECTS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by Public Law 106-310, is amended by adding after section 311 the following: ``SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS. ``(a) In General.--The Secretary shall award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs-- ``(1) by training and equipping local emergency medical services personnel, including firefighters, police officers, paramedics, emergency medical technicians, and other first responders, to administer immediate care, including cardiopulmonary resuscitation and automated external defibrillation, to cardiac arrest victims; ``(2) by purchasing automated external defibrillators, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims; ``(3) by setting procedures for proper maintenance and testing of such devices, according to the guidelines of the manufacturers of the devices; ``(4) by providing training to members of the public in cardiopulmonary resuscitation and automated external defibrillation; ``(5) by integrating the emergency medical services system with the public access defibrillation programs so that emergency medical services personnel, including dispatchers, are informed about the location of automated external defibrillators in their community; and ``(6) by encouraging private companies, including small businesses, to purchase automated external defibrillators and provide training for their employees to administer cardiopulmonary resuscitation and external automated defibrillation to cardiac arrest victims in their community. ``(b) Preference.--In awarding grants under subsection (a), the Secretary shall give a preference to a State, political subdivision of a State, Indian tribe, or tribal organization that-- ``(1) has a particularly low local survival rate for cardiac arrests, or a particularly low local response rate for cardiac arrest victims; or ``(2) demonstrates in its application the greatest commitment to establishing and maintaining a public access defibrillation program. ``(c) Use of Funds.--A State, political subdivision of a State, Indian tribe, or tribal organization that receives a grant under subsection (a) may use funds received through such grant to-- ``(1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; ``(2) provide automated external defibrillation and basic life support training in automated external defibrillator usage through nationally recognized courses; ``(3) provide information to community members about the public access defibrillation program to be funded with the grant; ``(4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in public places; ``(5) produce such materials as may be necessary to encourage private companies, including small businesses, to purchase automated external defibrillators; and ``(6) carry out other activities that the Secretary determines are necessary or useful to pursue the purposes of this section. ``(d) Application.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), a State, political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Contents.--An application submitted under paragraph (1) shall-- ``(A) describe the comprehensive public access defibrillation program to be funded with the grant and demonstrate how such program would make automated external defibrillation accessible and available to cardiac arrest victims in the community; ``(B) contain procedures for implementing appropriate nationally recognized training courses in performing cardiopulmonary resuscitation and the use of automated external defibrillators; ``(C) contain procedures for ensuring direct involvement of a licensed medical professional and coordination with the local emergency medical services system in the oversight of training and notification of incidents of the use of the automated external defibrillators; ``(D) contain procedures for proper maintenance and testing of the automated external defibrillators, according to the labeling of the manufacturer; ``(E) contain procedures for ensuring notification of local emergency medical services system personnel, including dispatchers, of the location and type of devices used in the public access defibrillation program; and ``(F) provide for the collection of data regarding the effectiveness of the public access defibrillation program to be funded with the grant in affecting the out-of-hospital cardiac arrest survival rate. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2002 through 2007. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses. ``SEC. 313. PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS. ``(a) In General.--The Secretary shall award grants to political subdivisions of States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that-- ``(1) provide cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in unique settings; ``(2) provide training to community members in cardiopulmonary resuscitation and automated external defibrillation; and ``(3) maximize community access to automated external defibrillators. ``(b) Use of Funds.--A recipient of a grant under subsection (a) shall use the funds provided through the grant to-- ``(1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; ``(2) provide basic life training in automated external defibrillator usage through nationally recognized courses; ``(3) provide information to community members about the public access defibrillation demonstration project to be funded with the grant; ``(4) provide information to the local emergency medical services system regarding the placement of automated external defibrillators in the unique settings; and ``(5) carry out other activities that the Secretary determines are necessary or useful to pursue the purposes of this section. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), a political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Contents.--An application submitted under paragraph (1) may-- ``(A) describe the innovative, comprehensive, community-based public access defibrillation demonstration project to be funded with the grant; ``(B) explain how such public access defibrillation demonstration project represents innovation in providing public access to automated external defibrillation; and ``(C) provide for the collection of data regarding the effectiveness of the demonstration project to be funded with the grant in-- ``(i) providing emergency cardiopulmonary resuscitation and automated external defibrillation to cardiac arrest victims in the setting served by the demonstration project; and ``(ii) affecting the cardiac arrest survival rate in the setting served by the demonstration project. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2002 through 2007. Not more than 10 percent of amounts received under a grant awarded under this section may be used for administrative expenses.''. ``SEC. 313A. GRANTS FOR ACCESS TO DEFIBRILLATION. ``(a) Program Authorized.--The Secretary of Health and Human Services shall award a grant to a health care organization to establish a national information clearinghouse that provides information to increase public access to defibrillation in schools. ``(b) Duties.--The health care organization that receives a grant under this section shall promote public access to defibrillation in schools by-- ``(1) providing timely information to entities regarding public access defibrillation program implementation and development; ``(2) developing and providing comprehensive program materials to establish a public access defibrillation program in schools; ``(3) providing support to CPR and AED training programs; ``(4) fostering new and existing community partnerships with and among public and private organizations (such as local educational agencies, nonprofit organizations, public health organizations, emergency medical service providers, fire and police departments, and parent-teacher associations) to promote public access to defibrillation in schools; ``(5) establishing a data base to gather information in a central location regarding sudden cardiac arrest in the pediatric population and identifying or conducting further research into the problem; and ``(6) providing assistance to communities that wish to develop screening programs for at risk youth. ``(c) Application.--A health care organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(d) Report.--Not later than 5 years after the date on which the health care organization receives a grant under this section, such organization shall submit to the Secretary of Health and Human Services a report that describes activities carried out with funds received under this section. Not later than 3 months after the date on which such report is received by the Secretary of Health and Human Services, the Secretary shall prepare and submit to the appropriate committees of Congress an evaluation that reviews such report and evaluates the success of such clearinghouse. ``(e) Authorization of Appropriations.--From funds authorized to be appropriated for fiscal years 2002 through 2006 for activities and programs under the Department of Health and Human Services, $800,000 of such funds may be appropriated to carry out the programs described in this section for each of the fiscal years 2002 through 2006.''.

Summary: Community Access to Emergency Defibrillation Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs by: (1) training and equipping local emergency medical services personnel to administer immediate care, including cardiopulmonary resuscitation (CPR) and automated external defibrillation (AED), to cardiac arrest victims; (2) purchasing AEDs, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer CPR and AED to such victims; (3) setting procedures for proper maintenance and testing of such devices; (4) providing training to members of the public in CPR and AED; (5) integrating the emergency medical services system with the public access defibrillation programs; and (6) encouraging private companies to purchase AEDs and provide training for their employees to administer CPR and AED to cardiac arrest victims in their community.Directs the Secretary to award grants to States, Indian tribes, and tribal organizations to develop and implement innovative, comprehensive, community-based public access defibrillation demonstration projects that: (1) provide CPR and AED to cardiac arrest victims in unique settings; (2) provide training to community members in CPR and AED; and (3) maximize community access to AEDs.Directs the Secretary to award a grant to a health care organization to establish a national information clearinghouse that provides information to increase public access to defibrillation in schools.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Manufactured Housing Act of 2013''. SEC. 2. MORTGAGE ORIGINATOR DEFINITION. (a) Amendment to Definition.--Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in paragraph (2)(C)(ii) of the matter proposed to be added to section 103 of the Truth in Lending Act, by striking ``an employee of a retailer of manufactured homes who is not described in clause (i) or (iii) of subparagraph (A) and who does not advise a consumer on loan terms (including rates, fees, and other costs)'' and inserting ``a retailer of manufactured or modular homes or its employees unless such retailer or its employees receive compensation or gain for engaging in activities described in subparagraph (A) that is in excess of any compensation or gain received in a comparable cash transaction''. (b) Technical Amendments.--(1) Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in the matter proposed to be added to section 103 of the Truth in Lending Act, by redesignating subsection (cc) as subsection (dd). (2) Section 1431(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (A) by striking ``subsection (cc)'' and inserting ``subsection (dd)''; and (B) in the matter proposed to be added to section 103 of the Truth in Lending Act by redesignating subsection (dd) as subsection (ee). (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act to which they relate. SEC. 3. HIGH-COST MORTGAGE DEFINITION. Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended-- (1) by redesignating subsection (aa) (relating to disclosure of greater amount or percentage), as so designated by section 1100A of Public Law 111-203, as subsection (bb); (2) by redesignating subsection (bb) (relating to high cost mortgages), as so designated by section 1100A of Public Law 111-203, as subsection (aa), and moving such subsection to immediately follow subsection (z); and (3) in subsection (aa)(1)(A), as so redesignated-- (A) in clause (i)(I)-- (i) by striking ``(8.5 percentage points, if the dwelling is personal property and the transaction is for less than $50,000)''; and (ii) by striking ``or'' at the end; (B) in clause (i)(II), by adding ``or'' at the end; (C) in clause (i), by adding at the end the following: ``(III) by a first mortgage on a consumer's principal dwelling that is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed), the annual percentage rate at consummation of the transaction will exceed the average prime offer rate, as defined in section 129C(b)(2)(B), for a comparable transaction, by more than-- ``(aa) 8.5 percentage points, in the case of a transaction in an amount of $50,000 or more, but less than $75,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); ``(bb) 10.5 percentage points, in the case of a transaction in an amount of more than $30,000, but less than $50,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); or ``(cc) 12.5 percentage points, in the case of a transaction in an amount of $30,000 or less (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index), or a higher percentage established by the Bureau not to exceed 14.5 percentage points in such cases, if the Bureau determines that the lower rate would restrict access to credit and that raising the rate would not have a detrimental impact on consumer protection.''; and (D) in clause (ii)-- (i) in subclause (I), by striking ``or'' at the end; and (ii) by adding at the end the following: ``(III) in the case of a transaction for less than $75,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index) in which the dwelling is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed) the greater of 5 percent of the total transaction amount or $3,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index); or''.

Summary: Preserving Access to Manufactured Housing Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to revise the exclusion from the meaning of "mortgage originator" of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms (including rates, fees, and other costs). Excludes from the meaning of "mortgage originator," instead, any retailer of manufactured or modular homes or its employees unless the retailer or its employees receive compensation or gain for engaging in certain activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act to revise the definition of "high cost mortgage."


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield and Fort Miamis National Historical Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The 185-acre Fallen Timbers Battlefield is the site of the 1794 battle between the United States Army, led by General Anthony Wayne, and the confederation of Native American tribes led by the great Chief Tecumseh. (2) British troops, led by General Henry Proctor, landed at Fort Miamis in the spring of 1813 and attacked the fort twice, without success. (3) Fort Miamis and the Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee. (4) The 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark. (5) Fort Miamis is listed in the National Register of Historic Places as a historic site. (6) In 1959, the Battle of Fallen Timbers was included in the National Survey of Historic Sites and Buildings as 1 of 22 sites representing the ``Advance of the Frontier, 1763-1830''. (7) In 1960, the Battle of Fallen Timbers was designated as a National Historic Landmark. (b) Purposes.--The purposes of this Act are the following: (1) To recognize and preserve the 185-acre Fallen Timbers Battlefield site. (2) To formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis. (3) To preserve and interpret United States military history and Native American culture in the Northwest Territory during the period from 1794 through 1813. (4) To provide assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State, in implementing a management plan that will preserve and interpret the historical, cultural, natural, recreational, and scenic resources of the historical site. (5) To authorize the Secretary to provide technical assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State (including the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the city of Toledo, the Fallen Timbers Battlefield Preservation Commission, and the Metropark District of the Toledo Area) in developing the management plan. SEC. 3. DEFINITIONS. In this Act: (1) Historical site.--The term ``historical site'' means the Fallen Timbers Battlefield and Monument and Fort Miamis National Historical Site established by section 4. (2) Management entity.--The term ``management entity'' means-- (A) the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, Inc., the city of Toledo, the Metropark District of the Toledo Area, and (B) any other entity designated by the Governor of Ohio and approved by the Secretary in accordance with section 5, as a member of the management entity; acting jointly. (3) Management plan.--The term ``management plan'' means a plan for management of the historical site, that is developed by the management entity and approved by the Secretary in accordance with section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Technical assistance.--The term ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL SITE. (a) Establishment.--There is established in the State of Ohio the Fallen Timbers Battlefield and Fort Miamis National Historical Site. (b) Components.-- (1) In general.--The historical site is comprised of the following: (A) The Fallen Timbers site, comprised generally of the following: (i) The Fallen Timbers battlefield site, consisting of an approximately 185-acre parcel located north of U.S. 24, west of U.S. 23/I- 475, south of the Norfolk and Western Railroad line, and east of Jerome Road. (ii) The approximately 9-acre Fallen Timbers battlefield monument, located south of U.S. 24. (B) The Fort Miamis Park site. (2) Map.--The management entity shall prepare a map of the historical site, which shall be on file and available for public inspection in the offices of the management entity. (3) Consent of local property owners.--No privately owned property shall be included within the boundaries of the historical site unless the owner of the property consents to the inclusion. SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY. Not later than 60 days after the date of the enactment of this Act, the Governor of Ohio may designate any entity for purposes of section 3(2)(A) and transmit that designation to the Secretary. The Secretary shall approve or disapprove any entity designated by the Governor by not later than 60 days after the date of that transmittal. SEC. 6. WITHDRAWAL OF DESIGNATION. (a) In General.--The historical site shall remain a National historical site unless-- (1) the Secretary determines that-- (A) the use, condition, or development of the historical site is incompatible with the purposes of this Act; or (B) the management entity has not made reasonable and appropriate progress in preparing or implementing the management plan for the historical site; and (2) after making a determination under paragraph (1), the Secretary submits to the Congress notification that establishment of the historical site should be withdrawn. (b) Public Hearing.--Before the Secretary makes a determination under subsection (a)(1), the Secretary shall hold a public hearing in the historical site. (c) Time of Withdrawal of Designation.-- (1) Definition of legislative day.--In this subsection, the term ``legislative day'' means any calendar day on which both Houses of Congress are in session. (2) Time period.--The withdrawal of the historical site designation shall become final 90 legislative days after the Secretary submits to Congress the notification under subsection (a)(2). SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS. (a) Approval.-- (1) In general.--The management entity shall submit any proposed management plan to the Governor of the State of Ohio. Within 60 days after receiving the proposed management plan, the Governor shall transmit to the Secretary the proposed plan and any recommendations of the Governor regarding the proposed plan. Within 30 days after receiving the proposed management plan, the Secretary shall approve the proposed plan or return it to the Governor with any changes recommended by the Secretary. (2) Role of secretary.--The Secretary may not approve a proposed management plan unless it includes provisions which describe the role of the Secretary in implementing the plan. (3) Assistance.--The Secretary shall assist the management entity in the preparation of the management plan. (b) Ensuring Consistency of Other Federal Actions.--Any Federal agency conducting an activity directly affecting the historical site shall consider the potential effect of the activity on the management plan and shall consult with the management entity with respect to the activity to minimize the adverse effects of the activity on the historical site. SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) No Effect on Authority of Governments.--Nothing in this Act modifies, enlarges, or diminishes the authority of any Federal department or agency to regulate the use of land. (b) No Zoning or Land Use Powers.--Nothing in this Act-- (1) grants any power of zoning or land use control to the management entity; or (2) modifies, enlarges, or diminishes any existing authority to regulate land use by any State or local government entity which is a member of the management entity. (c) No Effect on Local Authority or Private Property.--Nothing in this Act affects or authorizes the management entity to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Ohio or a political subdivision of the State. SEC. 9. FISHING, TRAPPING, AND HUNTING. (a) No Diminishment of State Authority.--Establishment of the historical site does not diminish the authority of the State of Ohio to manage fish and wildlife, including the regulation of fishing, hunting, and trapping in the historical site. (b) No Conditioning of Approval and Assistance.--Neither the Secretary nor any other Federal agency may make a limitation on fishing, hunting, or trapping-- (1) a condition of the determination of eligibility for assistance under this Act; or (2) a condition for the receipt, in connection with the historical site, of any other form of assistance from the Secretary or the agency, respectively.

Summary: Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.