SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Navigation Safety Improvement Act of 1993''. SEC. 2. ESTABLISHMENT OF MARINE NAVIGATION SAFETY ACCOUNT. Section 9505 of the Internal Revenue Code of 1986 (relating to the Harbor Maintenance Trust Fund) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting ``except as provided in paragraph (4)'', before ``to carry out''; (B) in paragraph (3), by striking the period at the end and inserting a comma; and (C) by adding at the end the following new paragraph: ``(4) to carry out subsections (a)(3) and (c) of section 210 of the Water Resources Development Act of 1986.''; and (2) by adding at the end the following new subsection: ``(e) Marine Navigation Safety Account.-- ``(1) In general.--There is hereby established in the Harbor Maintenance Trust Fund a separate account to be known as the `Marine Navigation Safety Account', consisting of such amounts as may be transferred or credited to the account pursuant to this subsection or section 9602(b). ``(2) Transfers to account.-- ``(A) 1991 and 1992.--Not later than 30 days after the date of the enactment of the Marine Navigation Safety Improvement Act of 1993, the Secretary shall transfer to the Marine Navigation Safety Account an amount not to exceed the sum of-- ``(i) 8 percent of the amount of taxes received in the Treasury under section 4461 for the calendar years 1991 and 1992; and ``(ii) interest on the amount referred to in clause (i) for the calendar years 1991 and 1992, credited pursuant to section 9602(b)(3). ``(B) 1993 and each subsequent year.--For calendar year 1993, and for each calendar year thereafter, the Secretary shall transfer to the Marine Navigation Safety Account an amount equal to the sum of-- ``(i) 8 percent of the amount of taxes received in the Treasury pursuant to section 4461; and ``(ii) interest on the amount referred to in clause (i) for the calendar year, credited pursuant to section 9602(b)(3). ``(3) Expenditures from account.--Amounts in the Marine Navigation Safety Account shall be available, as provided in appropriations Acts, to carry out the programs and activities of the National Oceanic and Atmospheric Administration of the Department of Commerce related to commercial marine navigation described in section 210(c) of the Water Resources Development Act of 1986.''. SEC. 3. AMENDMENT TO THE WATER RESOURCES DEVELOPMENT ACT OF 1986. Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) from the Marine Navigation Safety Account established under section 9505(e) of the Internal Revenue Code of 1986, to carry out the programs and activities of the National Oceanic and Atmospheric Administration of the Department of Commerce related to commercial marine navigation described in subsection (c).''; and (2) by adding at the end the following new subsection: ``(c) Commercial Marine Navigation.--The amounts authorized to be appropriated under subsection (a)(3) shall remain available until expended, and shall-- ``(1) be made available to the Secretary of Commerce to support, either directly or by contract, the nautical charting and marine navigational safety programs and such other activities of the National Oceanic and Atmospheric Administration related to commercial marine navigation as the Secretary determines to be appropriate, including-- ``(A) the nautical charting program; ``(B) marine tides and circulation programs; ``(C) charting survey ship support; and ``(D) marine weather services applicable to commercial navigation safety in the waters of the United States; and ``(2) be used by the Secretary of Commerce, subject to the following conditions: ``(A)(i) Funds transferred to the Marine Navigation Safety Account pursuant to section 9505(e)(2)(A) of the Internal Revenue Code of 1986 shall be used only for the purposes of enabling, modernizing, enhancing, or expanding the capabilities of the National Oceanic and Atmospheric Administration to conduct the programs and activities referred to in paragraph (1). ``(ii) No portion of the funds referred to in clause (i) may be used to offset funds made available for the purposes referred to in clause (i) through appropriations to the Operations, Research, and Facilities account of the National Oceanic and Atmospheric Administration. ``(B)(i) Funds transferred to the Marine Navigation Safety Account pursuant to section 9505(e)(2)(B) of the Internal Revenue Code of 1986 may be used for the following purposes: ``(I) Conducting the operational aspects of the programs and activities referred to in paragraph (1). ``(II) Enabling, modernizing, enhancing, or expanding the capabilities of the National Oceanic and Atmospheric Administration to conduct the programs and activities referred to in paragraph (1). ``(ii) Not more than 50 percent of the funds referred to in clause (i) may be used to offset funds previously made available for the purposes referred to in clause (i) through appropriations to the Operations, Research and Facilities account of the National Oceanic and Atmospheric Administration.''.

Summary: Marine Navigation Safety Improvement Act of 1993 - Amends the Internal Revenue Code to establish within the Harbor Maintenance Trust Fund the Marine Navigation Safety Account. Funds such Account with transfers of specified amounts from the Harbor Maintenance Trust Fund. Directs that amounts in the Account be available to carry out the programs and activities of the National Oceanic and Atmospheric Administration of the Department of Commerce relating to nautical charting and marine navigational safety programs as specified.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Librarian Education and Development Act of 2003''. SEC. 2. LOAN FORGIVENESS FOR LIBRARIANS. (a) FFEL Loans.-- (1) Amendment.--Section 428J(b) of the Higher Education Act of 1965 (20 U.S.C 1078-10(b)) is amended by striking paragraph (1) and inserting the following: ``(1)(A) has been employed-- ``(i) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(ii) as a full-time librarian for 5 consecutive complete school years in-- ``(I) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; or ``(II) a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and ``(B)(i) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(ii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and''. (2) Conforming amendments.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (A) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)''; and (B) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''. (b) Direct Student Loan Forgiveness.-- (1) Amendment.--Section 460(b)(1) of the Higher Education Act of 1965 (20 U.S.C 1087j) is amended by striking subparagraph (A) and inserting the following: ``(A)(i) has been employed-- ``(I) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(II) as a full-time librarian for 5 consecutive complete school years in-- ``(aa) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; or ``(bb) a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and ``(ii)(I) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(II) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and''. (2) Conforming amendments.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (A) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and (B) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)(I)''. (c) Perkins Loans.--Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``section 111(c)'' in subparagraph (A) and inserting ``section 1113(a)(5)''; (B) by striking ``or'' at the end of subparagraph (H); (C) by striking the period at the end of subparagraph (I) and inserting ``; or''; and (D) by inserting after subparagraph (I) the following new subparagraph: ``(J) as a full-time librarian in-- ``(i) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965; or ``(ii) an elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965, and which for the purpose of this paragraph and for that year has been determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total enrollment of that school.''; and (2) in paragraph (3)(A)(i), by striking out ``(H), or (I)'' and inserting ``(H), (I), or (J)''. SEC. 3. EFFECTIVE DATE. The amendments made by section 1 shall apply with respect to any year of service that is completed after the date of enactment of this Act.

Summary: Librarian Education and Development Act of 2003 - Amends the Higher Education Act of 1965 to provide for certain types of student loan forgiveness for librarians (as well as, currently, for teachers) in low-income areas where public schools have a combined average of 30 percent or more of their total student enrollments composed of children counted as disadvantaged under title I of the Elementary and Secondary Education Act of 1965.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Access to Affordable Pharmaceuticals Act'' or the ``GAAP Act of 2000''. SEC. 2. NEW DRUG APPLICATIONS. (a) Limitations on the Use of Patents To Prevent Approval of Abbreviated New Drug Applications.--Section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``the drug for which such investigations were conducted or which claims a use for such drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the drug for which such investigations were conducted, alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; and (B) in clause (iv), by striking ``; and'' and inserting a period; (2) in the matter preceding subparagraph (A), by striking ``shall also include--'' and all that follows through ``a certification'' and inserting ``shall also include a certification''; (3) by striking subparagraph (B); and (4) by redesignating clauses (i) through (iv) as subparagraphs (A) through (D), respectively, and aligning the margins of the subparagraphs with the margins of subparagraph (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)). (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended-- (1) in clause (vi), by striking the semicolon and inserting ``; and''; and (2) in clause (vii)-- (A) in the matter preceding subclause (I), by striking ``the listed drug referred to in clause (i) or which claims a use for such listed drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the listed drug referred to in clause (i), alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; (B) in subclause (IV), by striking ``; and'' and inserting a period; and (C) by striking clause (viii). (c) Effective Date.--The amendments made by this section shall only be effective with respect to a listed drug for which no certification pursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug, Cosmetic Act was made prior to the date of enactment of this Act. SEC. 3. CITIZEN PETITION REVIEW. Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Notwithstanding any other provision of law, the submission of a citizen's petition filed pursuant to section 10.30 of title 21, Code of Federal Regulations, with respect to an application submitted under paragraph (2)(A), shall not cause the Secretary to delay review and approval of such application, unless such petition demonstrates through substantial scientific proof that approval of such application would pose a threat to public health and safety.''. SEC. 4. BIOEQUIVALENCE TESTING METHODS. Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(8)(B)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the effects of the drug and the listed drug do not show a significant difference based on tests (other than tests that assess rate and extent of absorption), including comparative pharmacodynamic studies, limited confirmation studies, or in vitro methods, that demonstrate that no significant differences in therapeutic effects of active or inactive ingredients are expected.''. SEC. 5. ACCELERATED GENERIC DRUG COMPETITION. (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B)(iv), by striking subclause (II) and inserting the following: ``(II) the date of a final decision of a court in an action described in clause (ii) from which no appeal can or has been taken, or the date of a settlement order or consent decree signed by a Federal judge, that enters a final judgement, and includes a finding that the relevant patents that are the subject of the certification involved are invalid or not infringed, whichever is earlier,''; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B), the following: ``(C) The one-hundred and eighty day period described in subparagraph (B)(iv) shall become available to the next applicant submitting an application containing a certification described in paragraph (2)(A)(vii)(IV) if the previous applicant fails to commence commercial marketing of its drug product once its application is made effective, withdraws its application, or amends the certification from a certification under subclause (IV) to a certification under subclause (III) of such paragraph, either voluntarily or as a result of a settlement or defeat in patent litigation.''. (b) Effective Date.--The amendments made by this section shall only be effective with respect to an application filed under section 505(j) of the Federal Food, Drug, Cosmetic Act for a listed drug for which no certification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made prior to the date of enactment of this Act. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 (referred to in this section as the ``Hatch- Waxman Act'') to make generic drugs more available and accessible, and thereby reduce health care costs, including measures that require manufacturers of a drug for which an application is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 255(c)) desiring to extend a patent of such drug to utilize the patent extension procedure provided under the Hatch-Waxman Act. SEC. 7. CONFORMING AMENDMENTS. (a) Applications.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b)(3), in subparagraphs (A) and (C), by striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph (2)''; (2) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``clause (i) or (ii) of subsection (b)(2)(A)'' and inserting ``subparagraph (A) or (B) of subsection (b)(2)''; (B) in subparagraph (B), by striking ``clause (iii) of subsection (b)(2)(A)'' and all that follows through the period and inserting ``subparagraph (C) of subsection (b)(2), the approval may be made effective on the date certified under subparagraph (C).''; (C) in subparagraph (C), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (D) in subparagraph (D)(ii), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (3) in subsection (j), in paragraph (2)(A), in the matter following clause (vii)(IV), by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (vii)''. (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (1) in subsection (a)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''; and (2) in subsection (c)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''. (c) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(kk) For purposes of the references to court decisions in clauses (i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III) of section 505(j)(5)(B), the term `the court' means the court that enters final judgment from which no appeal (not including a writ of certiorari) can or has been taken.''.

Summary: States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Human Rights Reauthorization Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The North Korean Human Rights Act of 2004 (Public Law 108- 333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the Act'') was the product of broad, bipartisan consensus in Congress regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and refugee protection. (2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea. (3) Human rights and humanitarian conditions inside North Korea are deplorable, North Korean refugees remain acutely vulnerable, and the findings in section 3 of the Act remain accurate today. (4) The Government of China is conducting an increasingly aggressive campaign to locate and forcibly return border-crossers to North Korea, where they routinely face torture and imprisonment, and sometimes execution. According to recent reports, the Chinese Government is shutting down Christian churches and imprisoning people who help North Korean defectors and has increased the bounty paid for turning in North Korean refugees. (5) In an attempt to deter escape attempts, the Government of North Korea has reportedly stepped up its public execution of border-crossers and those who help others cross into China. (6) In spite of the requirement of the Act that the Special Envoy on Human Rights in North Korea (the ``Special Envoy'') report to the Congress no later than April 16, 2005, a Special Envoy was not appointed until August 19, 2005, more than four months after the reporting deadline. (7) The Special Envoy appointed by the President has filled that position on a part-time basis only. (8) Since the passage of the North Korean Human Rights Act, Congress has on several occasions expressed interest in the status of North Korean refugees, and on February 21, 2006, a bipartisan group of senior Members of the House and Senate wrote Secretary of State Condoleezza Rice ``to express [their] deep concern for the lack of progress in funding and implementing the key provisions of the North Korean Human Rights Act'', particularly the lack of North Korean refugee admissions to the United States. (9) Although the United States refugee resettlement program remains the largest in the world by far, the United States has resettled only 37 North Koreans in the period from 2004 through 2007. (10) From the end of 2004 through 2007, the Republic of Korea resettled 5,961 North Koreans. (11) Extensive delays in assessment and processing have led numerous North Korean refugees to abandon their quest for United States resettlement, and long waits (of more than a year in some cases) have been the source of considerable discouragement and frustration among refugees, many of whom are awaiting United States resettlement in circumstances that are unsafe and insecure. (12) From 2000 through 2006, the United States granted asylum to 15 North Koreans, as compared to 60 North Korean asylum grantees in the United Kingdom, and 135 in Germany during that same period. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to make it a priority to seek broader permission and greater cooperation from foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the United States, through persistent diplomacy by senior officials of the United States, including United States ambassadors to Asia-Pacific nations; (2) at the same time that careful screening of intending refugees is important, the United States also should make every effort to ensure that its screening, processing, and resettlement of North Korean refugees are as efficient and expeditious as possible; (3) the Special Envoy for North Korean Human Rights Issues should be a full-time position within the Department of State in order to properly promote and coordinate North Korean human rights and humanitarian issues, and to participate in policy planning and implementation with respect to refugee issues, as intended by the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.); (4) in an effort to more efficiently and actively participate in humanitarian burden-sharing, the United States should approach our ally, the Republic of Korea, to revisit and explore new opportunities for coordinating efforts to screen and resettle North Koreans who have expressed a wish to pursue resettlement in the United States and have not yet availed themselves of any right to citizenship they may enjoy under the Constitution of the Republic of Korea; and (5) because there are genuine refugees among North Koreans fleeing into China who face severe punishments upon their forcible return, the United States should urge the Government of China to-- (A) immediately halt its forcible repatriation of North Koreans; (B) fulfill its obligations pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1995 Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China; and (C) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether they are refugees and whether they require assistance. SEC. 4. DEFINITIONS. Section 5(1)(A) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking ``International Relations'' and inserting ``Foreign Affairs''. SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the following: ``and $2,000,000 for each of fiscal years 2009 through 2012''. SEC. 6. RADIO BROADCASTING TO NORTH KOREA. Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors (BBG) shall submit to the appropriate congressional committees, as defined in section 5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report that describes the status and content of current United States broadcasting to North Korea and the extent to which the BBG has achieved the goal of 12-hour-per-day broadcasting to North Korea pursuant to section 103 of such Act (22 U.S.C. 7813). SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) in subsection (b)(1), by striking ``2008'' and inserting ``2012''; and (2) in subsection (c), by striking ``in each of the 3 years thereafter'' and inserting ``annually through 2012''. SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817) is amended-- (1) in the section heading, by striking ``human rights in north korea'' and inserting ``north korean human rights issues''; (2) in subsection (a)-- (A) in the first sentence-- (i) by striking ``human rights in North Korea'' and inserting ``North Korean human rights issues''; and (ii) by inserting before the period at the end the following: ``, by and with the advice and consent of the Senate''; (B) in the second sentence, by inserting before the period at the end the following: ``who shall have the rank of ambassador and shall hold the office at the pleasure of the President''; (3) in subsection (b), by inserting before the period at the end the following: ``, including, in coordination with the Bureau of Population, Refugees, and Migration, the protection of those people who have fled as refugees''; (4) in subsection (c)-- (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) participate in the formulation and the implementation of activities carried out pursuant to this Act;''; and (C) in paragraph (5), as so redesignated, by striking ``section 102'' and inserting ``sections 102 and 104''; and (5) in subsection (d), by striking ``for the subsequent 5 year- period'' and inserting ``thereafter through 2012''. SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by striking ``in each of the 2 years thereafter'' and inserting ``annually thereafter through 2012''. SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting ``2012''. SEC. 11. ANNUAL REPORTS. Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended-- (1) in the subsection heading, by inserting ``and Refugee'' before ``Information''; (2) in the matter preceding paragraph (1)-- (A) by striking ``for each of the following 5 years'' and inserting ``through 2012''; and (B) by striking ``which shall include--'' and inserting ``which shall include the following:''; (3) in paragraph (1)-- (A) by striking ``the number of aliens'' and inserting ``The number of aliens''; and (B) by striking ``; and'' at the end and inserting a period; (4) in paragraph (2), by striking ``the number of aliens'' and inserting ``The number of aliens''; and (5) by adding at the end the following new paragraph: ``(3) A detailed description of the measures undertaken by the Secretary of State to carry out section 303, including country- specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information (by increasing the availability of non-government controlled sources) in North Korea; and (2) assistance to North Koreans who are outside North Korea. Directs the Broadcasting Board of Governors to report respecting U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. States that the Special Envoy on North Korean human rights issues (as renamed by this Act) in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting U.S. humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. Sets forth specified reporting provisions.


SECTION 1. TEMPORARY EXTENSION OF AGRICULTURAL PROGRAMS. (a) Extension.--Except as otherwise provided in this section and notwithstanding any other provision of law, the authorities provided by each provision of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by that Act (and for mandatory programs at such funding levels), as in effect on September 30, 2013, pursuant to the extension and amendments made by section 701 of the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7 U.S.C. 8701 note), shall continue, and the Secretary of Agriculture shall carry out the authorities, until January 31, 2014, except as provided in subsection (b)(1) of such section 701. (b) Suspension of Permanent Price Support Authorities.--The provisions of law specified in subsections (a) through (c) of section 1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) shall be suspended until January 31, 2014. (c) Supplemental Agricultural Disaster Assistance.--Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531), as amended by section 702 of the American Taxpayer Relief Act of 2012 (Public Law 112-240), relating to the provision of supplemental agricultural disaster assistance, shall apply through January 31, 2014. (d) Exceptions.-- (1) Nutrition.--Subsection (a) does not apply with respect to mandatory funding provided by the program authorized by the provision of law amended by subsection (d)(2) of section 701 of the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7 U.S.C. 8701 note). (2) Conservation.--Subsection (a) does not apply with respect to the programs specified in paragraphs (3)(B), (4), (6), and (7) of section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)), relating to the conservation stewardship program, farmland protection program, environmental quality incentives program, and wildlife habitat incentives program, for which program authority was extended through fiscal year 2014 by section 716 of Public Law 112-55 (125 Stat. 582). (3) Trade.--Subsection (a) does not apply with respect to the following provisions of law: (A) Section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c) relating to the use of Commodity Credit Corporation funds to support local and regional food aid procurement projects. (B) Section 3107(l)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(1)) relating to the use of Commodity Credit Corporation funds to carry out the McGovern-Dole International Food for Education and Child Nutrition Program. (4) Survey of foods purchased by school food authorities.-- Subsection (a) does not apply with respect to section 4307 of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246; 122 Stat. 1893) relating to the use of Commodity Credit Corporation funds for a survey and report regarding foods purchased by school food authorities. (5) Rural development.--Subsection (a) does not apply with respect to the following provisions of law: (A) Section 379E(d)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)(1)), relating to funding of the rural microentrepreneur assistance program. (B) Section 6029 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1955) relating to funding of pending rural development loan and grant applications. (C) Section 231(b)(7)(A) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)(7)(A)), relating to funding of value-added agricultural market development program grants. (D) Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) relating to the use of Commodity Credit Corporation funds for the National Sheep Industry Improvement Center. (6) Market loss assistance for asparagus producers.-- Subsection (a) does not apply with respect to section 10404(d) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2112). (7) Supplemental agricultural disaster assistance.-- Subsection (a) does not apply with respect to section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.) relating to the provision of supplemental agricultural disaster assistance. (8) Pigford claims.--Subsection (a) does not apply with respect to section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209) relating to determination on the merits of Pigford claims. (9) Heartland, habitat, harvest, and horticulture act of 2008.--Subsection (a) does not apply with respect to title XV of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2246), and amendments made by that title, relating to the provision of supplemental agricultural disaster assistance under title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.), certain revenue and tax provisions, and certain trade benefits and other matters. (e) Effective Date.--This section takes effect as of September 30, 2013. Passed the House of Representatives December 12, 2013. Attest: KAREN L. HAAS, Clerk.

Summary: Extends until January 31, 2014: (1) specified agricultural programs under the Food, Conservation, and Energy Act of 2008, (2) suspension of permanent price support authorities, and (3) supplemental agricultural disaster assistance. Exempts from such extensions: (1) mandatory funding for nutrition education; (2) the conservation stewardship program, the farmland protection program, the environmental quality incentives program, and the wildlife habitat incentives program; (3) Commodity Credit Corporation funding for local and regional food aid procurement projects, the McGovern-Dole International Food for Education and Child Nutrition Program, and a survey of foods purchased by school food authorities; (4) rural development programs for micro entrepreneur assistance, pending rural development loans and grants, value-added agricultural market development grants, and the National Sheep Industry Improvement Center; (5) market loss assistance for asparagus producers; (6) supplemental agricultural disaster assistance; (7) Pigford claims determinations; and (8) specified requirements of the Heartland, Habitat, Harvest, and Horticulture Act of 2008 relating to supplemental agricultural disaster assistance, revenue and tax, and trade. Backdates the effective date of this Act to September 30, 2013.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fans Rights Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) professional sports teams foster a strong local identity with the people of the cities and regions in which they are located, providing a source of civic pride for their supporters; (2) professional sports teams provide employment opportunities, revenues, and a valuable form of entertainment for the cities and regions in which they are located; (3) there are significant public investments associated with professional sports facilities; (4) it is in the public interest to encourage professional sports leagues to operate under policies that promote stability among their member teams and to promote the equitable resolution of disputes arising from the proposed relocation of professional sports teams; and (5) professional sports teams travel in interstate to compete and utilize materials shipped in interstate commerce, and professional sports games are broadcast nationally. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``home territory'' means the geographic area within which a member team operates and plays the majority of its home games, as defined in the governing agreement or agreements of the relevant league on November 1, 1995, or upon the commencement of operations of any league after such date; (2) the term ``interested party'' includes-- (A) any local government that has provided financial assistance, including tax abatement, to the facilities in which the team plays; (B) a representative of the local government for the locality in which a member team's stadium or arena is located; (C) a member team; (D) the owner or operator of a stadium or arena of a member team; and (E) any other affected party, as designated by the relevant league; (3) the term ``local government'' means a city, county, parish, town, township, village, or any other general governmental unit established under State law; (4) the terms ``member team'' and ``team'' mean any team of professional athletes-- (A) organized to play major league football, basketball, hockey, or baseball; and (B) that is a member of a professional sports league; (5) the term ``person'' means any individual, partnership, corporation, or unincorporated association, any combination or association thereof, or any political subdivision; (6) the terms ``professional sports league'' and ``league'' mean an association that-- (A) is composed of 2 or more member teams; (B) regulates the contests and exhibitions of its member teams; and (C) has been engaged in competition in a particular sport for more than 7 years; and (7) the terms ``stadium'' and ``arena'' mean the principal physical facility within which a member team plays the majority of its home games. SEC. 4. CLARIFICATION OF ANTITRUST LAWS RELATED TO THE RELOCATION AND RELOCATION DETERMINATION CRITERIA. (a) Application of Antitrust Laws.--It shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. (b) Criteria for Relocation Decisions.--Notwithstanding any other law, prior to making a decision to approve or disapprove the relocation of a member team, a professional sports league shall take into consideration-- (1) the extent to which fan loyalty to and support for the team has been demonstrated during the team's tenure in the community; (2) the degree to which the team has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the team would continue to play its games in the community or elsewhere within its home territory; (3) the degree to which the ownership or management of the team has contributed to any circumstances that might demonstrate the need for the relocation; (4) the extent to which the team, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; (5) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; (6) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team; (7) whether any other team in the league is located in the community in which the team is located; (8) whether the team proposes to relocate to a community in which no other team in the league is located; (9) whether the stadium authority, if public, is opposed to the relocation; and (10) whether there is a bona fide investor offering fair market value for the member team and seeking to retain the team in the home territory. SEC. 5. NOTICE OF PROPOSED CHANGE IN HOME TERRITORY AND RIGHT OF FIRST REFUSAL. (a) In General.--Any person seeking to change the home territory of a member team to a location other than the location of such member team's home territory shall furnish notice of such proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. (b) Parties Entitled to Receive Notice.--The notice required under subsection (a) shall be furnished to all interested parties. (c) Requirements.--The notice shall-- (1) be in writing and delivered in person or by certified mail; (2) be made available to the news media; (3) be published in 1 or more newspapers of general circulation within the member team's home territory; and (4) contain-- (A) an identification of the proposed new location of such member team; (B) a summary of the reasons for the change in home territory based on the criteria listed in section 4(b); and (C) the date on which the proposed change would become effective. (d) Opportunity to Purchase.-- (1) In general.--During the 180-day notice period under subsection (a), a local government, stadium, arena authority, person, or any combination thereof, may prepare and present a proposal to purchase the member team to retain the team in the home territory. (2) Membership in league.--If a bid under paragraph (1) is successful, the professional sports league of the member team shall not prohibit membership in the league on the basis that the new ownership of the member team is made up of multiple owners or that the new ownership includes 1 or more local governments. (e) Opportunity to Induce Team to Stay.--During the 180-day notice period under subsection (a), a local government, stadium authority, person, or any combination thereof, shall be given the opportunity to prepare and present a proposal to induce the member team to remain in its home territory. (f) Response.--The response of the owner to any offer made under subsection (d) or (e) shall-- (1) be in writing and delivered in person or by certified mail; and (2) state in detail the reasons for refusal of any bona fide offer. (g) Determination by League.-- (1) In general.--The professional sports league shall make a determination with respect to the location of such member team's home territory before the expiration of the 180-day notice period required by this section. (2) Hearings.--In making a determination under this subsection, the professional sports league shall conduct a hearing at which interested parties are afforded an opportunity to present oral or written testimony regarding a change in the location of a member team's home territory. The league shall keep a record of all such proceedings. (3) Consideration of proposals.--The professional sports league shall take into account any inducement proposal that has been offered under subsection (e). (h) Considerations.--In determining whether to approve or disapprove the relocation of a member team, a professional sports league shall take into consideration the criteria listed in section 4(b). SEC. 6. JUDICIAL REVIEW. (a) In General.--A decision by a professional sports league to approve or disapprove the relocation of a member team may be reviewed in a civil action brought by an interested party. (b) Venue.-- (1) In general.--Subject to paragraph (3), venue shall be proper in any district court of the United States having jurisdiction over the action under section 1331 of title 28, United States Code. (2) Change of venue.--Subject to paragraph (3), upon the motion of any party, the district court may, for the convenience of the parties or in the interests of justice, transfer an action brought under this section to any district that has jurisdiction over such action under section 1331 of title 28, United States Code. (3) Limitation.--No action may be brought under this section in any United States district court of the State that contains-- (A) the member club's home territory; or (B) the proposed location of such member club. (c) Additional Proceedings.--In any case in which the interested parties have not been afforded an opportunity to present oral or written testimony in accordance with section 5(f), the district court may, by order, require the relevant professional sports league to conduct additional proceedings at which such testimony may be presented, and to reconsider its decision to approve or disapprove the relocation based on such testimony. Not later than 30 days after the date of any such order, the league shall reconsider and resubmit its decision to the district court, and the district court shall review such decision in accordance with this section. (d) No Waiver of Rights.--Nothing in this Act shall be construed to require the waiver of any legal rights in existence prior to the date of enactment of this Act. SEC. 7. INAPPLICABILITY TO CERTAIN MATTERS. (a) In General.--Nothing contained in this Act shall-- (1) alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws, the labor laws, or any other provision of law relating to the wages, hours, or other terms and conditions of employment of players in any professional sports league, to any employment matter regarding players in any such league, or to any collective bargaining rights and privilege of any player union in any such league; (2) alter or affect the applicability or inapplicability of the antitrust laws or any applicable Federal or State law relating to broadcasting or telecasting, including section 1291 of title 15, United States Code, any agreement between any professional sports league or its member teams, and any person not affiliated with such a league for the broadcasting or telecasting of the games of such league or its member teams on any form of television; (3) affect any contract, or provision of a contract, relating to the use of a stadium or arena between a member team and the owner or operator of any stadium or arena or any other person; (4) exempt from the antitrust laws any agreement to fix the prices of admission to sports contests; (5) exempt from the antitrust laws any predatory practice or other conduct with respect to competing sports leagues that would otherwise be unlawful under the antitrust laws; or (6) except as provided in this Act, alter, determine, or otherwise affect the applicability or inapplicability of the antitrust laws to any act, contract, agreement, rule, course of conduct, or other activity by, between, or among persons engaging in, conducting, or participating in professional football, basketball, hockey, or baseball. (b) Definition.--As used in this section, the term ``antitrust laws'' shall have the meaning given to such term in the first section of the Clayton Act (15 U.S.C. 12) and in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). SEC. 8. ATTEMPTS TO INFLUENCE RELOCATION DECISIONS. It shall be unlawful for any person, including a member team, owner, or affiliated party, or any State or political subdivision, to make or offer to make a payment of money or to provide or arrange with others for the provision of other value to a league or to any of its members in connection with a decision regarding the relocation of a member team. SEC. 9. EFFECTIVE DATE. This Act shall apply to any relocation of the home territory of a member team that occurs on or after October 1, 1995.

Summary: Fans Rights Act of 1995 - Declares that it shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. Sets forth criteria for relocation decisions by leagues, including: (1) fan loyalty; (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support; (3) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; and (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. Requires any person seeking to change the home territory of a member team to furnish notice to all interested parties of the proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. Sets forth notice requirements. Provides that, during the 180-day notice period, a local government, stadium, arena authority, person, or any combination thereof: (1) may prepare and present a proposal to purchase the member team to retain the team in the home territory; and (2) shall be given the opportunity to prepare and present such a proposal. Requires the response of the owner to any offer made to be in writing and delivered in person or by certified mail, stating in detail the reasons for refusal of any bona fide offer. Directs the league to make a determination with respect to the location of such member team's home territory before the expiration of the notice period, after conducting a hearing at which interested parties are afforded an opportunity to present testimony. Sets forth provisions regarding judicial review. Prohibits making or offering to make a payment, or to provide or arrange with others for the provision of other value, to a league or any of its members in connection with a decision regarding the relocation of a member team.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Protection Act of 1995''. SEC. 2. FEDERAL POLICY AND DIRECTION. (a) General Policy.--It is the policy of the Federal Government that no law or agency action should limit the use of privately owned property so as to diminish its value. (b) Application to Federal Agency Action.--Each Federal agency, officer, and employee should exercise Federal authority to ensure that agency action will not limit the use of privately owned property so as to diminish its value. SEC. 3. RIGHT TO COMPENSATION. (a) In General.--The Federal Government shall compensate an owner of property whose use of any portion of that property has been limited by an agency action, under a specified regulatory law, that diminishes the fair market value of that portion by 20 percent or more. The amount of the compensation shall equal the diminution in value that resulted from the agency action. If the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the Federal Government shall buy that portion of the property for its fair market value. (b) Duration of Limitation on Use.--Property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, even if that action is later rescinded or otherwise vitiated. However, if that action is later rescinded or otherwise vitiated, and the owner elects to refund the amount of the compensation, adjusted for inflation, to the Treasury of the United States, the property may be so used. SEC. 4. EFFECT OF STATE LAW. If a use is a nuisance as defined by the law of a State or is already prohibited under a local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. SEC. 5. EXCEPTIONS. (a) Prevention of Hazard to Health or Safety or Damage to Specific Property.--No compensation shall be made under this Act with respect to an agency action the primary purpose of which is to prevent an identifiable-- (1) hazard to public health or safety; or (2) damage to specific property other than the property whose use is limited. (b) Navigation Servitude.--No compensation shall be made under this Act with respect to an agency action pursuant to the Federal navigation servitude, as defined by the courts of the United States, except to the extent such servitude is interpreted to apply to wetlands. SEC. 6. PROCEDURE. (a) Request of Owner.--An owner seeking compensation under this Act shall make a written request for compensation to the agency whose agency action resulted in the limitation. No such request may be made later than 180 days after the owner receives actual notice of that agency action. (b) Negotiations.--The agency may bargain with that owner to establish the amount of the compensation. If the agency and the owner agree to such an amount, the agency shall promptly pay the owner the amount agreed upon. (c) Choice of Remedies.--If, not later than 180 days after the written request is made, the parties do not come to an agreement as to the right to and amount of compensation, the owner may choose to take the matter to binding arbitration or seek compensation in a civil action. (d) Arbitration.--The procedures that govern the arbitration shall, as nearly as practicable, be those established under title 9, United States Code, for arbitration proceedings to which that title applies. An award made in such arbitration shall include a reasonable attorney's fee and other arbitration costs (including appraisal fees). The agency shall promptly pay any award made to the owner. (e) Civil Action.--An owner who does not choose arbitration, or who does not receive prompt payment when required by this section, may obtain appropriate relief in a civil action against the agency. An owner who prevails in a civil action under this section shall be entitled to, and the agency shall be liable for, a reasonable attorney's fee and other litigation costs (including appraisal fees). The court shall award interest on the amount of any compensation from the time of the limitation. (f) Source of Payments.--Any payment made under this section to an owner, and any judgment obtained by an owner in a civil action under this section shall, notwithstanding any other provision of law, be made from the annual appropriation of the agency whose action occasioned the payment or judgment. If the agency action resulted from a requirement imposed by another agency, then the agency making the payment or satisfying the judgment may seek partial or complete reimbursement from the appropriated funds of the other agency. For this purpose the head of the agency concerned may transfer or reprogram any appropriated funds available to the agency. If insufficient funds exist for the payment or to satisfy the judgment, it shall be the duty of the head of the agency to seek the appropriation of such funds for the next fiscal year. SEC. 7. LIMITATION. Notwithstanding any other provision of law, any obligation of the United States to make any payment under this Act shall be subject to the availability of appropriations. SEC. 8. DUTY OF NOTICE TO OWNERS. Whenever an agency takes an agency action limiting the use of private property, the agency shall give appropriate notice to the owners of that property directly affected explaining their rights under this Act and the procedures for obtaining any compensation that may be due to them under this Act. SEC. 9. RULES OF CONSTRUCTION. (a) Effect on Constitutional Right to Compensation.--Nothing in this Act shall be construed to limit any right to compensation that exists under the Constitution or under other laws of the United States. (b) Effect of Payment.--Payment of compensation under this Act (other than when the property is bought by the Federal Government at the option of the owner) shall not confer any rights on the Federal Government other than the limitation on use resulting from the agency action. SEC. 10. DEFINITIONS. For the purposes of this Act-- (1) the term ``property'' means land and includes the right to use or receive water; (2) a use of property is limited by an agency action if a particular legal right to use that property no longer exists because of the action; (3) the term ``agency action'' has the meaning given that term in section 551 of title 5, United States Code, but also includes the making of a grant to a public authority conditioned upon an action by the recipient that would constitute a limitation if done directly by the agency; (4) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (5) the term ``specified regulatory law'' means-- (A) section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (B) the Endangered Species Act of 1979 (16 U.S.C. 1531 et seq.); (C) title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.); or (D) with respect to an owner's right to use or receive water only-- (i) the Act of June 17, 1902, and all Acts amendatory thereof or supplementary thereto, popularly called the ``Reclamation Acts'' (43 U.S.C. 371 et seq.); (ii) the Federal Land Policy Management Act (43 U.S.C. 1701 et seq.); or (iii) section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); (6) the term ``fair market value'' means the most probable price at which property would change hands, in a competitive and open market under all conditions requisite to a fair sale, between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts, at the time the agency action occurs; (7) the term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States; and (8) the term ``law of the State'' includes the law of a political subdivision of a State. Passed the House of Representatives March 3, 1995. Attest: ROBIN H. CARLE, Clerk.

Summary: Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value. Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent. Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless: (1) the action is later rescinded or vitiated; and (2) the property owner refunds the amount of the compensation to the Treasury. Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. Prohibits compensation from being made under this Act with respect to: (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited; or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by U.S. courts to wetlands. Sets forth the procedures by which a property owner may seek compensation under this Act. Subjects any payment under this Act to the availability of appropriations. Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners. Declares that: (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law; and (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Full-Service Schools Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Congressional Findings.--The Congress finds that-- (1) one in five children entering school in 1993 lives in poverty; (2) students from poor families are three times more likely to drop out of school than students from more advantaged homes; (3) nearly 40 percent of the females who drop out of school do so as a result of pregnancy; (4) in the past two decades, the percentage of women with children under the age of six who are working or seeking employment outside the home has nearly doubled; (5) more than 8 million children in this country have no form of health insurance which may lead to untreated conditions, unnecessary diseases and death; (6) more than 70 percent of the children who need psychiatric treatment do not receive services; (7) children who are victims of child abuse, poverty, malnutrition, lack of health care, alcohol and drug abuse are at risk for failure; (8) without health and social intervention, at-risk children are often unable to improve academic performance; and (9) to obtain improvements in the educational system, an integrated system which includes comprehensive health and human services for at-risk children and their families is necessary. (b) Purpose.--It is the purpose of this Act-- (1) to integrate service delivery systems to provide comprehensive public education, training, health and human services to at-risk children at locations accessible to and utilized by such children and their families; (2) to achieve systemic reform at the Federal, State, and local levels and to restructure service delivery at the local level; and (3) to improve the educational performance of at-risk children. SEC. 3. ESTABLISHMENT OF FEDERAL INTERAGENCY WORK GROUP. (a) In General.--There is established the Federal Interagency Work Group composed of the Secretaries of Education, Health and Human Services, and Labor and funded equally by the departments of the representative Secretaries to facilitate collaboration between agencies and to mobilize Federal policy to achieve systemic reform to meet the comprehensive needs of at-risk children and to provide grants to the States and local entities to develop similar programs at the State and local levels. (b) Duties.--The Group shall-- (1) assist Federal, State, and local agencies in developing, implementing, and evaluating service integration programs under this Act; (2) to the greatest extent possible, coordinate agency resources and funding allowing for the consolidation of Federal categorical programs, when requests for such waivers are made; (3) establish and maintain a national data base that includes the collaborative efforts of the Government, the States, local entities, and private entities to serve at-risk children; (4) make grants to the States to develop an interagency work group and fund local efforts to integrate services for at- risk youth and their families; (5) determine the amounts of each grant by considering how many local project sites the State interagency group can reasonably target with not more than $200,000 allocated to a site; and (6) waive certain Federal requirements that impede collaborative efforts if such waivers will result in a more efficient use of resources. (c) Fiscal Agent.--The Secretary of Education shall act as the fiscal agent for the Group. SEC. 4. STATE ELIGIBILITY. To be eligible to receive a grant under this Act, a State shall-- (1) establish a State interagency work group between, at a minimum, the departments at the State level that provide public education and health and human services; (2) develop preservice and inservice training that assists staff members to understand the communities in which they work and the full array of resources that are available to help at- risk children and their families; (3) require equal financial or in-kind contributions by the departments referred to in paragraph (1); (4) state as a goal the integration of existing funding sources from the departments represented; (5) designate a fiscal agent to be responsible for the receipt and disbursement of Federal funds; (6) provide assurances that successful programs will be used as models and that information regarding program successes are disseminated throughout the State; and (7) assist local entities in developing interagency agreements at the local level. SEC. 5. LOCAL ELIGIBILITY. To be eligible to receive a grant under this Act, a local entity shall-- (1) develop a community planning process that includes-- (A) parents and family members; (B) local school officials; (C) officials from institutions of higher education if such institutions are located in the local area; (D) public and private nonprofit organizations that provide health care, education, employment training services, child protective services or other human services; and (E) teachers selected by a local teacher association; (2) develop mandatory services as recommended by the planning group under paragraph (1); (3) if located in a city with a population of 100,000 or more individuals-- (A) establish a local interagency work group between a local educational agency eligible for funds for chapter 1 of title I of the Elementary and Secondary Education Act of 1965 and, at a minimum, 1 nonprofit community-based organization which has provided social services to low-income, at-risk youth and their families; and (B) include parents in the operation and governance of the local interagency work group; (4) require equal financial or in-kind contributions of the local educational agency and entities represented; (5) give an assurance that such entity shall make a reasonable effort to initiate structural reform; and (6) designate a fiscal agent to receive funds from the State under this Act. SEC. 6. APPLICATIONS. (a) State Applications.--(1) A State that desires to receive a grant under this Act shall submit an application to the Federal Interagency Work Group in such form and containing such information as the Federal Interagency Work Group may reasonably require and which includes-- (A) assurances that the eligibility requirements under section 4 are or shall be met; and (B) program goals and objectives, including an approximation of use for the number of project sites per State. (2) The Federal Interagency Work Group shall give priority consideration to States that include in the State interagency work group, nonprofit agencies, and private profit agencies that have worked with disadvantaged children and their families. (b) Local Applications.--A local entity that desires to receive a grant under this Act shall submit an application to the State interagency work group in such form and containing such information as the State may reasonably require and which includes-- (A) assurances that the eligibility requirements under section 5 are or shall be met; and (B) specifications regarding the targeted areas, goals of the community, interim progress goals and the intended outcomes. SEC. 7. GRANT LIMITATIONS. (a) State Limitation.--A State interagency group that receives funds under this Act may not use more than $100,000 or not more than 3 percent, whichever is less, of such funds for administrative and staff costs to establish an interagency work group. The balance of such funds shall be distributed to local entities. (b) Local Limitation.--A local educational agency that receives funds under this Act may not use more than 5 percent of such funds for administrative and staff costs to establish an interagency work group and not more than $200,000 per site. SEC. 8. PROGRAM ACTIVITIES. (a) Improvement Programs.--A local entity that receives funds under this Act shall develop or expand programs that are designed to improve educational performance by-- (1) reducing school dropout rates; (2) reducing teenage pregnancy rates; (3) increasing the number of students who return to school after dropping out; (4) improving access to primary health care for families and their children; (5) increasing adult/family literacy; or (6) reducing the number of children in unsupervised settings before and after school, holidays, and during the summer months. (b) Optional Activities.--A local entity that receives funds under this Act may develop a variety of programs to serve the comprehensive needs of students, including-- (1) job training and employment services; (2) homework assistance and after school programs; (3) mental health and family counseling; (4) nutrition education and services; (5) health care services; (6) bilingual education programs; (7) parental training programs; and (8) adult literacy programs. SEC. 9. REPORTS. (a) Local Reports.--A local interagency work group that receives funds under this Act shall submit to the State interagency work group an annual report that describes and evaluates the services provided, including costs and benefits of services, including progress toward meeting goals and revised objectives. (b) State Reports.--A State interagency work group that receives funds under this Act shall submit to the Federal Interagency Work Group a report not later than the end of the second calendar year during which funds are received that evaluates the effectiveness of local programs in developing and maintaining integrated services for at-risk children. (c) Federal Reports.--The Federal Interagency Work Group that receives funds under this Act shall submit to the Congress a report not later than three years after the date of the enactment of this Act that includes a detailed analysis of student outcomes (such as dropout rates, academic performance, and usage of drug and alcohol) and systems outcomes (effectiveness of cooperative agreements between education and service agencies). SEC. 10. DEFINITIONS. For purposes of this Act-- (1) the term ``at-risk children'' means individuals from birth to 18 years of age, who attend a public school where 75 percent or more (for elementary) and 60 percent or more (for secondary) of the students are eligible for the free and reduced price lunch program, or are Native Americans attending schools where the student population is composed of a majority of Native Americans; (2) the term ``local entity'' means a local educational agency and a community-based organization as defined in section 1471 of the Elementary and Secondary Education Act of 1965; and (3) the term ``State'' has the same meaning as such term in section 1471 of the Elementary and Secondary Education Act of 1965. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $72,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the programs under this Act.

Summary: Full-Service Schools Act - Establishes the Federal Interagency Work Group to facilitate collaboration among Federal agencies and make grants to States and local entities in order to integrate education, health, and social and human services for at-risk children and their families. Provides that the Group shall be composed of the Secretaries of Education, Health and Human Services, and Labor and funded equally by their departments. Sets forth Group duties and State and local eligibility requirements. Sets forth application requirements and grant limitations. Requires local programs to include activities to improve educational performance by: (1) reducing school dropout and teen pregnancy rates and the number of children in unsupervised settings; (2) increasing adult/family literacy and the number of students returning to school after dropping out; and (3) improving access to primary health care for families and their children. Allows local programs to develop a variety of programs to serve the comprehensive needs of students, including specified optional activities. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Staff Improvement Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Part I of the Health Care Financing Administration's Report to Congress: Appropriateness of Minimum Nurse Staffing Ratios in Nursing Homes was completed in August of 2000 and showed the following: (A) Quality of care may be significantly impaired when staffing thresholds fall below 2.0 nurse aide hours per resident day, 1.0 registered nurse and licensed practical nurse hours per resident day and 0.45 registered nurse hours per resident day. (B) Below this threshold, residents are more likely to suffer life threatening illnesses secondary to pressure sores, weight loss and preventable infections, and rates of avoidable hospitalization increase significantly. (C) Fifty-four percent of nursing home facilities do not provide 2.0 nurse aide hours per resident day and approximately \1/2\ of nursing home facilities would require greater than a 10 percent change in staffing to meet this minimal standard. (D) The 2.0 nurse aide hours per resident day is a threshold below which residents lives are at risk, not a standard for the provision of appropriate care. (2)(A) A minimum of 2.9 nurse aide hours per resident day are necessary to deliver 5 necessary daily care services. (B) Over 92 percent of nursing home facilities fall below the 2.9 nurse aide hours per resident day standard and would require a 50 percent increase in staffing to meet this standard. (C) The 2.9 nurse aide hours per resident day standard is based on a conservative assumption and understates the real staffing levels necessary for a nurse aide to complete all tasks that constitute adequate care. (3)(A) Facilities that serve residents with more complex medical conditions will require higher staffing levels. (B) Minimum staffing levels that take into account case mix have not yet been established. (C) Part II of the Health Care Financing Administration report, which has not yet been completed, will report to Congress on minimum staffing levels according to the facility's resident acuity level. SEC. 3. COMPLETION OF REPORT TO CONGRESS ON ADEQUATE NURSING FACILITY STAFFING REQUIREMENTS. (a) In General.--Section 4801(e)(17)(B) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1396r note) is amended-- (1) by striking ``January 1, 1999'' and inserting ``July 1, 2001''; (2) by inserting ``and optimal minimum'' after ``minimum'' each place it appears; (3) by striking the period and inserting a semicolon; (4) by striking ``such study recommendations'' and inserting ``such study-- ``(i) recommendations''; and (5) by adding at the end the following: ``(ii) an examination of the cost and benefits associated with establishing staffing minimum and optimal minimum ratios; ``(iii) a description of the data used in Phase II of the study to expand the multivariate analysis from 3 States to a more representative national sample; ``(iv) an analysis of proposed refined case mix classification methods considered in Phase II of the study; ``(v) a description of the case studies used to validate the Phase I findings of the study; and ``(vi) an examination of other issues that impact the recruitment and retention of certified nursing assistants.''. (b) Effective Date.--The amendments made by subsection (a) take effect as if included in the enactment of section 4801 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388- 211). SEC. 4. ESTABLISHMENT OF APPROPRIATE MINIMUM STAFFING REQUIREMENTS. (a) Notice of Proposed Rulemaking.--Not later than 6 months after the date that the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') submits the report to Congress required under section 4801(e)(17)(B) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1396r note) regarding the study of establishing appropriate minimum caregiver to resident levels and appropriate minimum supervisor to caregiver levels for skilled nursing facilities participating as providers of services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and nursing facilities receiving payments under the medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) that includes recommendations regarding appropriate minimums for such levels, the Secretary shall issue a notice of proposed rule-making with respect to the promulgation of a final regulation requiring compliance with appropriate minimum caregiver to resident levels and appropriate minimum supervisor to caregiver levels as a condition for such facilities to receive payments under such programs. (b) Final Regulation.--Not later than 6 months after the issuance of the notice required under subsection (a), the Secretary shall issue the final regulation (to be effective upon publication) that was the subject of such notice. (c) Definition of Appropriate.--In this section, the term ``appropriate'' means the staffing threshold level required to attain a good or optimal quality outcome with respect to a resident of a skilled nursing facility participating as a provider of services under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or of a nursing facility receiving payments under the medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), as opposed to avoiding a bad outcome with respect to such a resident. SEC. 5. GRANTS TO IMPROVE STAFFING LEVELS AND THE QUALITY OF CARE IN NURSING FACILITIES. (a) Authority To Award Grants.--The Secretary of Health and Human Services shall award grants to States on a competitive basis for the purpose of improving staffing levels in nursing facilities in order to improve the quality of care to residents of such facilities. (b) Applications.--Each State that wishes to receive a grant under this section shall submit an application at such time, in such form, and complete with such information as the Secretary may require, except that any such application shall include at least a certification that the application was developed through an open, public process. (c) Requirements for Use of Funds.-- (1) Permissible uses.-- (A) In general.--A State awarded a grant under this section shall use funds provided under the grant to provide financial support or technical assistance for projects operated by nursing facilities, labor organizations, nonprofit organizations, community colleges, or other organizations, or through joint efforts of such entities and organizations, that are designed to do any or all of the following: (i) Enhance staff recruitment and retention efforts. (ii) Establish centers of expertise and training. (iii) Establish career ladders for certified nurse assistants, including additional or advanced training opportunities. (iv) Provide additional training for nursing facility direct care staff. (v) Improve workplace safety. (vi) Improve nursing facility management. (vii) Conduct other staffing initiatives to improve patient outcomes, as approved by the Secretary. (B) Applicability of nursing home reform provisions.--Funds made available under a grant awarded to a State under this section may only be used to provide financial support or technical assistance for any project described in subparagraph (A) to the extent that the activities conducted under the project are consistent with the requirements of sections 1818 and 1919 of the Social Security Act (42 U.S.C. 1395i-3, 1396r). (C) Prohibition.--No funds made available under a grant awarded to a State under this section may be used to provide financial support or technical assistance for any project described in subparagraph (A) that is conducted at, or for the benefit of, a nursing facility that is owned or operated by a State, county, or local government. (2) No supplantation of funds.--Funds made available under a grant awarded to a State under this section may only be used to supplement, not supplant, other funds that the State expends to carry out activities described in paragraph (1)(A). (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for purposes of carrying out this section $500,000,000 for each of fiscal years 2001 and 2002. Funds appropriated in accordance with this subsection for a fiscal year shall remain available through the end of the succeeding fiscal year. (e) Reports and Secretarial Evaluation.-- (1) State final reports.--Each State that is awarded a grant under this section shall submit a final report to the Secretary on the use of funds awarded under the grant not later than 3 months after the earlier of-- (A) the completion of the project or projects provided financial support or technical assistance with funds received under the grant; or (B) the conclusion of the 2-year period that begins on the date that the State receives such grant funds. (2) Secretarial evaluation and report.--Not later than 6 months after the final State report is submitted to the Secretary under paragraph (1), the Secretary shall submit to Congress a report evaluating the extent to which the grant program established under this section assists States in improving staffing levels in nursing facilities. (f) Definitions.--In this section: (1) Nursing facility.--The term ``nursing facility'' means a skilled nursing facility participating in the medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or a nursing facility receiving payments under the medicaid program established under title XIX of such Act (42 U.S.C. 1396 et seq.). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. PROVIDING ACCURATE INFORMATION ON STAFFING. (a) Medicare.-- (1) Data on staffing levels.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the end the following new paragraph: ``(8) Submission of data on staffing levels.-- ``(A) In general.--A skilled nursing facility shall submit to the Secretary, at such time as the Secretary shall specify and on a standard reporting format developed by the Secretary, data with respect to nursing staff that-- ``(i) includes the total number of nursing staff hours and coverage levels per shift furnished by the facility to residents for which payment is made under section 1888(e), broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours; and ``(ii) is attested to in writing by the facility as accurate. ``(B) Publication of data.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information described in subparagraph (A). The Secretary shall update such information periodically.''. (2) Information concerning patient classification.--Section 1819(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4)) is amended by adding at the end the following new subparagraph: ``(D) Information concerning residents.--The skilled nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the skilled nursing facility that accords with the resident classification system described in section 1888(e)(4)(G)(i), or such successor system as the Secretary may identify.''. (b) Medicaid.-- (1) Data on staffing levels.--Section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)) is amended by adding at the end the following new paragraph: ``(8) Submission of data on staffing levels.-- ``(A) In general.--A nursing facility shall submit to the Secretary, at such time as the Secretary shall specify and on a standard reporting format developed by the Secretary, data with respect to nursing staff that-- ``(i) includes the total number of nursing staff hours and coverage levels per shift furnished by the facility to residents for which payment is made under the State plan, broken down by total certified nurse aide hours, total licensed practical or vocational nurse hours, and total registered nurse hours; and ``(ii) is attested to in writing by the facility as accurate. ``(B) Publication of data.--The Secretary shall provide for the publication on the Internet Site of the Department of Health and Human Services known as Nursing Home Compare the facility-specific nursing staff information described in subparagraph (A). The Secretary shall update such information periodically.''. (2) Information concerning patient classification.--Section 1919(b)(4) of the Social Security Act (42 U.S.C. 1395r(b)(4)) is amended by adding at the end the following new subparagraph: ``(D) Information concerning residents.--The nursing facility shall provide the Secretary, in such form and manner and at such intervals as the Secretary may require, a classification of all residents of the nursing facility that accords with the resident classification system described in section 1888(e)(4)(G)(i), or such successor system as the Secretary may identify.''. SEC. 7. INFORMATION ON NURSING FACILITY STAFFING. (a) Medicare Amendments.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)), as amended by section 6(a), is further amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.--A skilled nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care and the number of residents per unit and per shift. The information shall be displayed in a uniform manner and in a clearly visible place.''. (b) Medicaid Amendments.--Section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)), as amended by section 6(b), is amended by adding at the end the following new paragraph: ``(9) Information on nurse staffing.--A nursing facility shall post daily for each nursing unit of the facility and for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care and the number of residents per unit and per shift. The information shall be displayed in a uniform manner and in a clearly visible place.''. (c) Effective Date.--The amendments made by this section take effect on the first day of the first month that begins at least 6 months after the date of the enactment of this Act.

Summary: Directs the Secretary to award competitive grants to States for improving staffing levels in nursing facilities. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing and nursing facilities to report to the Secretary on nurse staffing levels and information regarding patient classification.