Input:
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.

Output:
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.


Input:
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.

Output: 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.


Input:
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.

Output:
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.


Input:
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.

Output: 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.


Input:
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.

Output:
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.


Input:
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.

Output:
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.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tenth Amendment Enforcement Act of
1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in most areas of governmental concern, State
        governments possess both the constitutional authority and the
        competence to discern the needs and the desires of the people
        and to govern accordingly;
            (2) Federal laws and agency regulations, which have
        interfered with State powers in areas of State jurisdiction,
        should be restricted to powers delegated to the Federal
        Government by the United States Constitution;
            (3) the framers of the United States Constitution intended
        to bestow upon the Federal Government only limited authority
        over the States and the people;
            (4) under the Tenth Amendment of the United States
        Constitution, the powers not delegated to the United States by
        the Constitution, nor prohibited by it to the States, are
        reserved to the States respectively, or to the people; and
            (5) the courts, which have in general construed the Tenth
        Amendment not to restrain the Federal Government's power to act
        in areas of State jurisdiction, should be directed to strictly
        construe Federal laws and regulations which interfere with
        State powers with a presumption in favor of State authority and
        against Federal preemption.

SEC. 3. CONGRESSIONAL DECLARATION.

    (a) In General.--On or after January 1, 1999, any statute enacted
by Congress shall include a declaration--
            (1) that authority to govern in the area addressed by the
        statute is delegated to Congress by the United States
        Constitution, including a citation to the specific
        constitutional authority relied upon;
            (2) that Congress specifically finds that Congress has a
        greater degree of competence than the States to govern in the
        area addressed by the statute; and
            (3) if the statute interferes with State powers or preempts
        any State or local government law, regulation or ordinance,
        that Congress specifically intends to interfere with State
        powers or preempt State or local government law, regulation, or
        ordinance, and that such preemption is necessary.
    (b) Findings.--Congress shall make specific factual findings in
support of the declarations described under this section.

SEC. 4. POINT OF ORDER.

    (a) In General.--It shall not be in order in either the Senate or
House of Representatives to consider any bill, joint resolution, or
amendment that does not include a declaration of congressional intent
as required under section 3.
    (b) Rulemaking.--This section is enacted--
            (1) as an exercise of the rulemaking power of the Senate
        and House of Representatives, and as such, it is deemed a part
        of the rules of the Senate and House of Representatives, but is
        applicable only with respect to the matters described in
        section 3 and subsection (a) of this section and supersedes
        other rules of the Senate or House of Representatives only to
        the extent that such sections are inconsistent with such rules;
        and
            (2) with full recognition of the constitutional right of
        the Senate or House of Representatives to change such rules at
        any time, in the same manner as in the case of any rule of the
        Senate or House of Representatives.

SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW.

    (a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 559 the following new section:
``Sec. 559a. Preemption of State law
    ``(a) No agency shall construe any statutory authorization to issue
rules as authorizing preemption of State law or local ordinance by
rulemaking or other agency action unless--
            ``(1) the statute expressly authorizes issuance of
        preemptive rules; and
            ``(2) the agency concludes that the exercise of State power
        directly conflicts with the exercise of Federal power under the
        Federal statute, such that the State statutes and the Federal
        rule promulgated under the Federal statute cannot be reconciled
        or consistently stand together.
    ``(b) Any regulatory preemption of State law shall--
            ``(1) be narrowly written to achieve the objectives of the
        statute under which the rules are promulgated; and
            ``(2) explicitly describe the scope of preemption.
    ``(c)(1) When an agency proposes to act through rulemaking or other
agency action to preempt State law, the agency shall provide all
affected States notice and an opportunity for comment by duly elected
or appointed State and local government officials or their designated
representatives in the proceedings.
    ``(2) The notice of proposed rulemaking shall be forwarded to the
Governor, the Attorney General and the presiding officer of each
chamber of the Legislature of each State setting forth the extent and
purpose of the preemption.
    ``(3) In the table of contents of each Federal Register, there
shall be a separate list of preemptive rules contained within that
Register.
    ``(d) Unless a final agency rule contains an explicit provision
declaring the Federal Government's intent to preempt State or local
government powers and an explicit description of the extent and purpose
of that preemption, the rule shall not be construed to preempt any
State or local government law, ordinance or regulation.
    ``(e)(1) Each agency shall publish in the Federal Register a plan
for periodic review of the rules issued by the agency that preempt, in
whole or in part, State or local government powers. Such plan may be
amended by the agency at any time by publishing a revision in the
Federal Register.
    ``(2) The purpose of the review under this subsection shall be to
determine whether and to what extent such rules are to continue without
change, consistent with the stated objectives of the applicable
statutes, or are to be altered or repealed to minimize the effect of
the rules on State or local government powers.''.
    (b) Nonbinding Regulations.--Any Federal rule or regulation
promulgated after January 1, 1999, that is promulgated in a manner
inconsistent with section 559a of title 5, United States Code (as added
by this section), shall not be binding on any State or local
government, and shall not preempt any State or local government law,
ordinance, or regulation.
    (c) Conforming Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by adding after the item
relating to section 559 the following:

``559a. Preemption of State law.''.

SEC. 6. RULES OF CONSTRUCTION.

    (a) In General.--No statute enacted after the date of enactment of
this Act (or rule promulgated under such statute), shall be construed
by courts or other adjudicative entities to preempt, in whole or in
part, any State or local government law, ordinance or regulation
unless--
            (1) the statute, or rule promulgated under such statute,
        contains an explicit declaration of intent to preempt; or
            (2) there is a direct conflict between such statute and a
        State or local government law, ordinance, or regulation, such
        that the two cannot be reconciled or consistently stand
        together.
    (b) Favorable Construction.--Notwithstanding any other provision of
law, any ambiguities in this Act, or in any other law of the United
States, shall be construed in favor of preserving the authority of the
States and the people.
    (c) Severability.--If any provision of this Act, or the application
thereof to any person or circumstance, is held invalid, the validity of
the remainder of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.

SEC. 7. APPROPRIATION BY STATE LEGISLATURES.

    Any funds received by a State under Federal law shall be subject to
appropriation by the State legislature, consistent with the terms and
conditions required under such applicable provisions of law.

SEC. 8. ANNUAL REPORT ON STATUTORY PREEMPTION.

    (a) Report.--Not later than 90 days after each Congress adjourns
sine die, the Congressional Research Service shall prepare and make
available to the public a report on the extent of Federal statutory
preemption of State and local government powers enacted into law during
the preceding Congress or adopted through judicial interpretation of
Federal statutes.
    (b) Contents.--The report shall contain--
            (1) a cumulative list of the Federal statutes preempting,
        in whole or in part, State and local government powers;
            (2) a summary of Federal legislation enacted during the
        previous Congress preempting, in whole or in part, State and
        local government powers;
            (3) an overview of recent court cases addressing Federal
        preemption issues; and
            (4) other information the Director of the Congressional
        Research Service determines appropriate.
    (c) Submittal.--Copies of the report shall be submitted to the
President and the chairman of the appropriate committees in the Senate
and House of Representatives.

Output:
Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that:  (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary.  Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations.
Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together.
Requires all States to be provided with notice and an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action.
Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register.
Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so.    Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed.
Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless:  (1) the statute contains an explicit declaration of intent to preempt; or (2) there is a direct conflict with State or local law that cannot be reconciled.  Requires any ambiguity to be construed in favor of preserving the authority of the States.
Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature.
Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.