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H.R. 3672 (ih) To amend the Public Health Service Act to provide for voluntary [Introduced in House] ...


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                                                       Calendar No. 945
106th CONGRESS
  2d Session
                                H. R. 3671

                          [Report No. 106-495]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2000

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

            October 10 (legislative day, September 22), 2000

       Reported by Mr. Smith of New Hampshire, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  To amend the Acts popularly known as the Pittman-Robertson Wildlife 
 Restoration Act and the Dingell-Johnson Sport Fish Restoration Act to 
enhance the funds available for grants to States for fish and wildlife 
   conservation projects and increase opportunities for recreational 
 hunting, bow hunting, trapping, archery, and fishing, by eliminating 
     opportunities for waste, fraud, abuse, maladministration, and 
  unauthorized expenditures for administration and execution of those 
                     Acts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Wildlife and Sport Fish 
Restoration Programs Improvement Act of 2000''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Wildlife restoration act.--The term ``Wildlife 
        Restoration Act'' means the Act of September 2, 1937 (chapter 
        899; 16 U.S.C. 669 et seq.), popularly known as the Federal Aid 
        in Wildlife Restoration Act and as the Pittman-Robertson 
        Wildlife Restoration Act.</DELETED>
        <DELETED>    (2) Sport fish restoration act.--The term ``Sport 
        Fish Restoration Act'' means the Act of August 9, 1950 (chapter 
        658; 16 U.S.C. 777 et seq.), popularly known as the Federal Aid 
        in Fish Restoration Act and as the Dingell-Johnson Sport Fish 
        Restoration Act.</DELETED>

            <DELETED>TITLE I--WILDLIFE RESTORATION</DELETED>

<DELETED>SEC. 101. EXPENDITURES FOR ADMINISTRATION.</DELETED>

<DELETED>    (a) Annual Set-Aside for Administration.--Section 4 of the 
Wildlife Restoration Act (16 U.S.C. 669c) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (b) as subsection 
        (c);</DELETED>
        <DELETED>    (2) by amending so much as precedes the second 
        sentence of subsection (a) to read as follows:</DELETED>

 <DELETED>``allocation and apportionment of available amounts</DELETED>

<DELETED>    ``Sec. 4. (a) Set-Aside for Administration.--(1)(A) Of the 
revenues (excluding interest accruing under section 3(b)) covered into 
the fund, the Secretary may use up to the amount specified in 
subparagraph (B) for expenses to administer this Act, in accordance 
with this subsection and section 9.</DELETED>
<DELETED>    ``(B) The amount referred to in subparagraph (A) is the 
following:</DELETED>
        <DELETED>    ``(i) In fiscal year 2001, $7,090,000.</DELETED>
        <DELETED>    ``(ii) In fiscal year 2002, $6,710,000.</DELETED>
        <DELETED>    ``(iii) In fiscal year 2003, $6,330,000.</DELETED>
        <DELETED>    ``(iv) In fiscal year 2004 and each fiscal year 
        thereafter--</DELETED>
                <DELETED>    ``(I) the amount available for the 
                preceding fiscal year, plus</DELETED>
                <DELETED>    ``(II) an amount to reflect the change in 
                the consumer price index over the preceding fiscal 
                year, which shall be determined by the Secretary of the 
                Treasury by multiplying such change times the amount 
                available for the preceding fiscal year.</DELETED>
<DELETED>    ``(2)(A) The amount authorized to be used by the Secretary 
under paragraph (1) each fiscal year shall remain available for 
obligation for such use until the expiration of that fiscal year. 
Within 60 days after that fiscal year, the Secretary shall apportion 
among the States any of the amount that remains unobligated at the end 
of the fiscal year, on the same basis and in the same manner as other 
amounts authorized by this Act are apportioned among the States for the 
fiscal year in which the apportionment is made.</DELETED>
<DELETED>    ``(B) Within 30 days after the end of each fiscal year, 
the Secretary shall--</DELETED>
        <DELETED>    ``(i) certify in writing to the Secretary of the 
        Treasury and to each State fish and game department--</DELETED>
                <DELETED>    ``(I) the amount apportioned under 
                subparagraph (A) to each State in the most recent 
                apportionment under that subparagraph; and</DELETED>
                <DELETED>    ``(II) amounts obligated by the Secretary 
                during the fiscal year for administration of this Act; 
                and</DELETED>
        <DELETED>    ``(ii) publish in the Federal Register the amounts 
        so certified.</DELETED>
<DELETED>    ``(b) Apportionment to States.--''; and</DELETED>
        <DELETED>    (3) in subsection (b), as designated by the 
        amendment made by paragraph (2), by striking ``after making the 
        aforesaid deduction, shall apportion, except as provided in 
        subsection (b) of this section,'' and inserting ``after 
        deducting the amount authorized to be used under subsection 
        (a), the amount apportioned under subsection (c), any amount 
        apportioned under section 8A, and amounts provided as grants 
        under sections 10 and 11, shall apportion''.</DELETED>
<DELETED>    (b) Requirements and Restrictions Regarding Use of Amounts 
for Administration.--Section 9 of the Wildlife Restoration Act (16 
U.S.C. 669h) is amended to read as follows:</DELETED>

 <DELETED>``requirements and restrictions regarding use of amounts for 
                        administration</DELETED>

<DELETED>    ``Sec. 9. (a) Authorized Administrative Costs.--The 
Secretary may use amounts under section 4(a)(1) only for administration 
expenses that directly support the implementation of this Act and that 
consist of any of the following:</DELETED>
        <DELETED>    ``(1) Personnel costs of any employee who directly 
        administers this Act on a full-time basis.</DELETED>
        <DELETED>    ``(2) Personnel costs of any employee who directly 
        administers this Act on a part-time basis for at least 20 hours 
        each week, not to exceed the portion of such costs incurred 
        with respect to the work hours of such employee during which 
        the employee directly administers this Act, as such hours are 
        certified by the supervisor of the employee.</DELETED>
        <DELETED>    ``(3) Support costs directly associated with 
        personnel costs authorized under paragraphs (1) and (2) of this 
        subsection not including costs associated with staffing and 
        operation of regional offices of the United States Fish and 
        Wildlife Service and the Department of the Interior, other than 
        for purposes of this Act.</DELETED>
        <DELETED>    ``(4) Costs of determining under section 6(a) 
        whether State comprehensive plans and projects are substantial 
        in character and design.</DELETED>
        <DELETED>    ``(5) Overhead costs, including general 
        administrative services, that are directly attributable to 
        administration of this Act based on--</DELETED>
                <DELETED>    ``(A) actual costs, as determined by a 
                direct cost allocation methodology approved by the 
                Director of the Office of Management and Budget for use 
                by Federal agencies; and</DELETED>
                <DELETED>    ``(B) for those costs not determinable 
                pursuant to subparagraph (A), an amount per full-time 
                equivalent employee authorized pursuant to paragraphs 
                (1) and (2) that does not exceed the amount charged or 
                assessed for such costs per full-time equivalent 
                employee for any other division or program of the 
                United States Fish and Wildlife Service.</DELETED>
        <DELETED>    ``(6) Costs incurred in auditing the wildlife and 
        sportfish activities of each State fish and game department and 
        the use of funds under section 6 by each State fish and game 
        department every 5 years.</DELETED>
        <DELETED>    ``(7) Costs of audits under subsection 
        (d).</DELETED>
        <DELETED>    ``(8) Costs of necessary training of Federal and 
        State full-time personnel who administer this Act to improve 
        administration of this Act.</DELETED>
        <DELETED>    ``(9) Costs of travel to the States, territories, 
        and Canada by personnel who administer this Act on a full-time 
        basis for purposes directly related to administration of State 
        programs or projects, or who administer grants under section 6, 
        section 10, or section 11.</DELETED>
        <DELETED>    ``(10) Costs of travel outside of the United 
        States (except travel to Canada) that relates directly to 
        administration of this Act and that is approved directly by the 
        Assistant Secretary for Fish and Wildlife and Parks.</DELETED>
        <DELETED>    ``(11) Relocation expenses for personnel who, 
        after relocation, will administer this Act on a full-time basis 
        for at least 1 year, as certified by the Director of the United 
        States Fish and Wildlife Service at the time such relocation 
        expenses are incurred.</DELETED>
        <DELETED>    ``(12) Costs to audit, evaluate, approve, 
        disapprove, and advise concerning grants under section 6, 
        section 10, or section 11.</DELETED>
<DELETED>    ``(b) Unauthorized Costs.--Use of funds for a cost to 
administer this Act shall not be authorized because the cost is not 
expressly prohibited by this Act.</DELETED>
<DELETED>    ``(c) Restriction on Use To Supplement General 
Appropriations.--The Secretary may not use amounts under section 
4(a)(1) to supplement any function for which general appropriations are 
made for the United States Fish and Wildlife Service or any other 
entity of the Department of the Interior.</DELETED>
<DELETED>    ``(d) Audit Requirement.--(1) The Inspector General of the 
Department of the Interior shall procure the conduct of biennial 
audits, in accordance with generally accepted accounting principles, of 
expenditures of amounts used by the Secretary for administration of 
this Act.</DELETED>
<DELETED>    ``(2) Audits under this subsection shall be performed 
under contracts that are awarded under competitive procedures (as that 
term is defined in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)), by a person that is not associated in any 
way with the Department of the Interior.</DELETED>
<DELETED>    ``(3) The auditor selected pursuant to paragraph (1) shall 
report to, and be supervised by, the Inspector General of the 
Department of the Interior, except that the auditor shall submit a copy 
of the biennial audit findings to the Secretary at the time such 
findings are submitted to the Inspector General of the Department of 
the Interior.</DELETED>
<DELETED>    ``(4) The Inspector General of the Department of the 
Interior shall promptly report to the Committee on Resources of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate on the results of each such audit.</DELETED>
<DELETED>    ``(e) Certification by Secretary.--(1) The Secretary shall 
within 3 months after each fiscal year certify in writing to the 
Committee on Resources of the House of Representatives and the 
Committee on Environment and Public Works of the Senate the following 
for the fiscal year:</DELETED>
        <DELETED>    ``(A) The amount of funds used under section 
        4(a)(1) and a breakdown of categories for which such funds were 
        expended.</DELETED>
        <DELETED>    ``(B) The amount of funds apportioned to States 
        under section 4(a)(2).</DELETED>
        <DELETED>    ``(C) The results of the audits performed pursuant 
        to subsection (d).</DELETED>
        <DELETED>    ``(D) That all funds expended under section 
        4(a)(1) were necessary for administration of this 
        Act.</DELETED>
        <DELETED>    ``(E) The Secretary, the Assistant Secretary for 
        Fish and Wildlife and Parks, the Director of the United States 
        Fish and Wildlife Service, and the Assistant Director for 
        Wildlife and Sport Fish Restoration Programs each properly 
        discharged their duties under this Act.</DELETED>
<DELETED>    ``(2) The Secretary may not delegate the responsibility to 
make certifications under paragraph (1) except to the Assistant 
Secretary for Fish and Wildlife and Parks.</DELETED>
<DELETED>    ``(3) Within 60 days after the start of each fiscal year, 
the Assistant Director for Wildlife and Sport Fish Restoration Programs 
shall provide to the Committee on Resources of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate the following for the fiscal year:</DELETED>
        <DELETED>    ``(A) The amount of funds that will be expended in 
        the fiscal year under section 4(a)(1) and a breakdown of 
        categories for which such funds will be expended.</DELETED>
        <DELETED>    ``(B) A description of how the funds to be 
        expended are necessary for administration of this 
        Act.</DELETED>
<DELETED>    ``(4) The Secretary shall promptly publish in the Federal 
Register each certification under this subsection.</DELETED>
<DELETED>    ``(f) Certification by Assistant Director for Wildlife and 
Sport Fish Restoration Programs.--Within 1 month after the end of each 
fiscal year, the Assistant Director for Wildlife and Sport Fish 
Restoration Programs shall--</DELETED>
        <DELETED>    ``(1) certify that--</DELETED>
                <DELETED>    ``(A) all amounts expended in that fiscal 
                year to administer this Act in agency headquarters and 
                in regional offices of the United State Fish and 
                Wildlife Service were used in accordance with this Act; 
                and</DELETED>
                <DELETED>    ``(B) all such expenditures were necessary 
                to administer this Act; and</DELETED>
        <DELETED>    ``(2) distribute such certifications to each State 
        fish and game department.''.</DELETED>

<DELETED>SEC. 102. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM 
              GRANTS.</DELETED>

<DELETED>    The Wildlife Restoration Act is amended by redesignating 
section 10 as section 12, and by inserting after section 9 the 
following:</DELETED>

    <DELETED>``firearm and bow hunter education and safety program 
                            grants</DELETED>

<DELETED>    ``Sec. 10. (a) In General.--Of the revenues covered into 
the fund in each fiscal year, $15,000,000, less the amount used under 
section 4(a) and the amount granted under section 11(a)(1), shall be 
apportioned among the States in the manner specified in section 4(b) by 
the Secretary for the following:</DELETED>
        <DELETED>    ``(1) Grants to States for the enhancement of 
        hunter education programs, hunter and sporting firearm safety 
        programs, and hunter development programs.</DELETED>
        <DELETED>    ``(2) Grants for the enhancement of interstate 
        coordination and development of hunter education and shooting 
        range programs.</DELETED>
        <DELETED>    ``(3) Grants to States for the enhancement of bow 
        hunter and archery education, safety, and development 
        programs.</DELETED>
        <DELETED>    ``(4) Grants to States for the enhancement of 
        construction or development of firearm shooting ranges and 
        archery ranges, and updating safety features of firearm 
        shooting ranges and archery ranges.</DELETED>
<DELETED>    ``(b) Cost-Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section may not exceed 75 

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