109 HR 2663 IH: To provide a grant program to support the establishment and operation of Teachers Professional Development Institutes.
U.S. House of Representatives
2005-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2663
IN THE HOUSE OF REPRESENTATIVES

May 26, 2005
Ms. DeLauro (for herself, Mr. Larson of Connecticut, Mr. Simmons, Mrs. Johnson of Connecticut, and Mr. Shays) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To provide a grant program to support the establishment and operation of Teachers Professional Development Institutes.

1.Teachers professional development institutesTitle II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following:

CTeachers professional development institutes
241.Short titleThis part may be cited as the Teachers Professional Development Institutes Act.
242.Findings and purpose
(a)FindingsCongress makes the following findings:
(1)Ongoing, subject-specific teacher professional development is essential to improved student learning.
(2)The No Child Left Behind Act of 2001 calls for a highly qualified teacher in every core-subject classroom; attaining this goal will require innovative and effective approaches to improving the quality of teaching.
(3)The Teachers Institute Model is an innovative and proven approach that encourages collaboration between urban school teachers and university faculty. The model focuses on teachers’ continuing academic preparation and on the personal and collaborative application of their studies in their classrooms, schools, and districts.
(4)The Teachers Institute Model has a proven record, as demonstrated by the success of a 3-year national demonstration pilot project (referred to in this part as the National Demonstration Project) in several United States cities.
(b)PurposeThe purpose of this part is to provide Federal assistance to support the establishment and operation of Teachers Professional Development Institutes for local educational agencies that serve significant low-income populations in States throughout the Nation—
(1)to improve student learning; and
(2)to enhance the quality of teaching by strengthening the subject matter mastery and pedagogical skills of current teachers through continuing teacher preparation.
243.DefinitionsIn this part:
(1)Poverty lineThe term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved.
(2)Significant low-income populationThe term significant low-income population means a student population of which not less than 25 percent are from families with incomes below the poverty line.
(3)StateThe term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(4)Teachers Professional Development InstituteThe term Teachers Professional Development Institute means a partnership or joint venture between or among 1 or more institutions of higher education, and 1 or more local educational agencies serving a significant low-income population, which partnership or joint venture—
(A)is entered into for the purpose of improving the quality of teaching and learning through collaborative seminars designed to enhance both the subject matter and the pedagogical resources of the seminar participants; and
(B)works in collaboration to determine the direction and content of the collaborative seminars.
244.Grant authority
(a)In generalThe Secretary is authorized—
(1)to award grants to Teachers Professional Development Institutes to encourage the establishment and operation of Teachers Professional Development Institutes; and
(2)to provide technical assistance, either directly or through existing Teachers Professional Development Institutes, to assist local educational agencies and institutions of higher education in preparing to establish and in operating Teachers Professional Development Institutes.
(b)Selection criteriaIn selecting a Teachers Professional Development Institute for a grant under this part, the Secretary shall consider—
(1)the extent to which the proposed Teachers Professional Development Institute will serve a community with a significant low-income population;
(2)the extent to which the proposed Teachers Professional Development Institute will follow the Understandings and Necessary Procedures that have been developed following the National Demonstration Project;
(3)the extent to which the local educational agency participating in the proposed Teachers Professional Development Institute has a high percentage of teachers who are unprepared or under prepared to teach the core academic subjects the teachers are assigned to teach; and
(4)the extent to which the proposed Teachers Professional Development Institute will receive a level of support from the community and other sources that will ensure the requisite long-term commitment for the success of a Teachers Professional Development Institute.
(c)Consultation
(1)In generalIn evaluating applications under subsection (b), the Secretary may request the advice and assistance of existing Teachers Professional Development Institutes.
(2)State agenciesIf the Secretary receives 2 or more applications for new Teachers Professional Development Institutes that propose serving the same State, the Secretary shall consult with the State educational agency regarding the applications.
(d)Fiscal agentFor the purpose of this part, an institution of higher education participating in a Teachers Professional Development Institute shall serve as the fiscal agent for the receipt of grant funds under this part.
(e)LimitationsA grant under this part—
(1)shall be awarded for a period not to exceed 5 years; and
(2)shall not exceed 50 percent of the total costs of the eligible activities, as determined by the Secretary.
245.Eligible activities
(a)In generalA Teachers Professional Development Institute that receives a grant under this part may use the grant funds—
(1)for the planning and development of applications for the establishment of Teachers Professional Development Institutes;
(2)to provide assistance to existing Teachers Professional Development Institutes established during the National Demonstration Project to enable the Teachers Professional Development Institutes—
(A)to further develop existing Teachers Professional Development Institutes; or
(B)to support the planning and development of applications for new Teachers Professional Development Institutes;
(3)for the salary and necessary expenses of a full-time director to plan and manage such Teachers Professional Development Institute and to act as liaison between the participating local educational agency and institution of higher education;
(4)to provide suitable office space, staff, equipment, and supplies, and to pay other operating expenses for the development and maintenance of Teachers Professional Development Institutes;
(5)to provide stipends for teachers participating in collaborative seminars in the sciences and humanities, and to provide remuneration for those members of the higher education faculty who lead the seminars; and
(6)to provide for the dissemination through print and electronic means of curriculum units prepared in conjunction with Teachers Professional Development Institutes seminars.
(b)Technical assistanceThe Secretary may use not more than 50 percent of the funds appropriated to carry out this part to provide technical assistance to facilitate the establishment and operation of Teachers Professional Development Institutes. For the purpose of this subsection, the Secretary may contract with existing Teachers Professional Development Institutes to provide all or a part of the technical assistance under this subsection.
246.Application, approval, and agreement
(a)In generalTo receive a grant under this part, a Teachers Professional Development Institute shall submit an application to the Secretary that—
(1)meets the requirement of this part and any regulations under this part;
(2)includes a description of how the Teachers Professional Development Institute intends to use funds provided under the grant;
(3)includes such information as the Secretary may require to apply the criteria described in section 244(b);
(4)includes measurable objectives for the use of the funds provided under the grant; and
(5)contains such other information and assurances as the Secretary may require.
(b)ApprovalThe Secretary shall—
(1)promptly evaluate an application received for a grant under this part; and
(2)notify the applicant within 90 days of the receipt of a completed application of the Secretary’s approval or disapproval of the application.
(c)AgreementUpon approval of an application, the Secretary and the Teachers Professional Development Institute shall enter into a comprehensive agreement covering the entire period of the grant.
247.Reports and evaluations
(a)ReportEach Teachers Professional Development Institute receiving a grant under this part shall report annually on the progress of the Teachers Professional Development Institute in achieving the purpose of this part and the purposes of the grant.
(b)Evaluation and dissemination
(1)EvaluationThe Secretary shall evaluate the activities funded under this part and submit an annual report regarding the activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.
(2)DisseminationThe Secretary shall broadly disseminate successful practices developed by Teachers Professional Development Institutes.
(c)RevocationIf the Secretary determines that a Teachers Professional Development Institute is not making substantial progress in achieving the purpose of this part and the purposes of the grant by the end of the second year of the grant under this part, the Secretary may take appropriate action, including revocation of further payments under the grant, to ensure that the funds available under this part are used in the most effective manner.
248.Authorization of appropriationsThere are authorized to be appropriated to carry out this part—
(1)$4,000,000 for fiscal year 2006;
(2)$5,000,000 for fiscal year 2007;
(3)$6,000,000 for fiscal year 2008;
(4)$7,000,000 for fiscal year 2009; and
(5)$8,000,000 for fiscal year 2010..


115 HR 3941 IH: Local Food And Regional Market Supply Act
U.S. House of Representatives
2017-10-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3941IN THE HOUSE OF REPRESENTATIVESOctober 4, 2017Ms. Pingree (for herself, Mr. Fortenberry, and Mr. Sean Patrick Maloney of New York) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo improve food safety, to encourage greater production of agricultural commodities for use in the
			 locality in which produced, to reauthorize and expand Department of
			 Agriculture support of these efforts, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Local Food And Regional Market Supply Act or the Local FARMS Act. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Agricultural market development program.
					Sec. 3. Food safety outreach program.
					Sec. 4. Food safety cost-share program.
					Sec. 5. National organic certification cost-share program.
					Sec. 6. Livestock, dairy, and poultry supply chain infrastructure grants and loans.
					Sec. 7. Geographic preference and identification for school food.
					Sec. 8. Harvesting health program.
					Sec. 9. Extension of, expansion of, and additional funding for, seniors farmers’ market nutrition
			 program.
					Sec. 10. Food and agriculture service learning program.

			2.Agricultural market development program
 (a)PurposeThe purpose of this Act is to combine the purposes and coordinate the functions of— (1)the Farmers’ Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005); and
 (2)the value-added agricultural product market development grants under section 231(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)).
 (b)Agricultural market development programSubtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following new section:

					3.Agricultural market development program
 (a)DefinitionsIn this section: (1)Beginning farmer or rancherThe term beginning farmer or rancher has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
 (2)Direct producer-to-consumer marketingThe term direct producer-to-consumer marketing has the meaning given the term direct marketing from farmers to consumers in section 3 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3002). (3)Eligible activityThe term eligible activity means an activity described in subsection (d)(2) that is carried out using a grant provided under subsection (d)(1).
 (4)Eligible entityThe term eligible entity means— (A)an independent producer;
 (B)an agricultural producer group, network, or association, including a community supported agriculture network or association;
 (C)a farmer or rancher cooperative, other agricultural business entity, or majority-controlled producer-based business venture;
 (D)a food council; (E)a State or local government;
 (F)a Tribal government or Tribal government agency; (G)a nonprofit corporation;
 (H)an institution of higher education; (I)a public benefit corporation;
 (J)an economic development corporation; (K)a regional farmers’ market authority; and
 (L)another entity, as determined by the Secretary. (5)Eligible partnerThe term eligible partner means—
 (A)a State agency or regional authority; (B)a philanthropic organization;
 (C)a private corporation; (D)a commercial, Federal, or Farm Credit System lending institution;
 (E)a community development financial institution; and (F)another entity, as determined by the Secretary.
 (6)Family farmThe term family farm has the meaning given the term in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)).
 (7)Food councilThe term food council means a food policy council or food and farm system network that— (A)represents multiple organizations; and
 (B)addresses food and farm-related issues and needs within city, county, State, Tribal region, multicounty region, or other region designated by the food council or food system network.
								(8)Independent producer
 (A)In generalThe term independent producer means an agricultural producer who owns and controls the agricultural product produced. (B)InclusionThe term independent producer includes a legal entity solely owned and controlled by agricultural producers if the entity owns a majority ownership interest in the agricultural operation of the entity and a significant share of the agricultural product produced.
								(9)Majority-controlled producer-based business venture
 (A)In generalThe term majority-controlled producer-based business venture means a venture greater than 50 percent of the ownership and control of which is held by— (i)1 or more independent producers; or
 (ii)an entity or a group of entities described in subparagraph (B), 100 percent of the ownership and control of which is held by 1 or more independent producers.
 (B)Entity describedFor purposes of subparagraph (A), the term entity means— (i)a partnership;
 (ii)a limited liability corporation; (iii)a limited liability partnership;
 (iv)a corporation; and (v)a cooperative.
 (10)Mid-tier value chainThe term mid-tier value chain has the meaning given the term in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)).
 (11)Partnership agreementThe term partnership agreement means an agreement entered into under subsection (c). (12)ProgramThe term Program means the Agricultural Market Development Program established under subsection (b).
 (13)Regional food chain coordinationThe term regional food chain coordination means coordination and collaboration along the supply chain, including activities that— (A)identify and organize local food producers and entrepreneurs into entities that are able to deliver local and regional food products into local markets;
 (B)provide market matchmaker services by identifying and connecting key stakeholders through referral services and other forms of short-term engagement;
 (C)convene stakeholders and facilitate relationship-building across the food value chain by— (i)engaging key stakeholders;
 (ii)maintaining communication channels; and (iii)fostering a trusting environment;
 (D)work with supply chain members to build capacity through education and training programs for— (i)business development practices;
 (ii)marketing and branding; and (iii)other similar activities;
 (E)identify and work to remove barriers to the movement of local and regional food products into the marketplace;
 (F)increase awareness about procurement requirements (such as bidding procedures and preferred-vender practices) that may impede the ability of the food chain to access certain marketing channels;
 (G)provide technical assistance to producers and enterprises in the preparation of grant and loan applications; and
 (H)coordinate with State and local government agencies to enhance supply chain coordination and build on existing efforts to develop regional food systems.
 (14)SecretaryThe term Secretary means the Secretary of Agriculture. (15)Socially disadvantaged farmer or rancherThe term socially disadvantaged farmer or rancher has the meaning given the term in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)).
 (16)Value-added agricultural productThe term value-added agricultural product has the meaning given the term in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)).
 (17)Veteran farmer or rancherThe term veteran farmer or rancher has the meaning given the term in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).
 (b)EstablishmentThe Secretary shall establish a program, to be known as the Agricultural Market Development Program, that— (1)streamlines existing programs and operations to more efficiently and effectively support the development, coordination, and expansion of—
 (A)direct producer-to-consumer marketing; (B)local and regional food markets and enterprises; and
 (C)value-added agricultural products; (2)connects and cultivates regional food economies through public-private partnerships;
 (3)supports the development of business plans, feasibility studies, and strategies for local and regional marketing opportunities;
 (4)strengthens capacity and regional food system development through community collaboration and expansion of mid-tier value chains;
 (5)improves income and economic opportunities for producers and food businesses through job creation and improved regional food system infrastructure; and
 (6)simplifies the application processes and the reporting processes for the Program. (c)Regional partnerships (1)Partnership agreements (A)In generalThe Secretary, in accordance with the purposes of the Program described in subsection (b), may enter into 1 or more partnership agreements to plan and develop a regional food system by supporting eligible activities.
 (B)Parties to partnership agreementsThe Secretary shall enter into a partnership agreement with— (i)1 or more eligible partners; and
 (ii)1 or more eligible entities. (C)Geographic diversityTo the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting partnership agreements.
								(2)Length of agreement
 (A)In generalExcept as provided in subparagraph (B), a partnership agreement shall be for a period not longer than 5 years.
 (B)ExtensionThe Secretary may make an extension of a partnership agreement for a period of less than a year, if the Secretary determines that the extension is necessary to properly complete 1 or more eligible activities.
								(3)Terms of partnership
 (A)In generalUnder a partnership agreement, the eligible partner and the eligible entity shall— (i)determine the scope of the regional food system to be developed, including goals, outreach objectives, and eligible activities to be carried out;
 (ii)determine the local, regional, State, multi-State, or other geographic area covered; (iii)create and conduct a feasibility study, implementation plan, and assessment of eligible activities under the partnership agreement;
 (iv)conduct outreach and education to other eligible entities and eligible partners for potential participation in the partnership agreement and eligible activities;
 (v)at the request of a producer or eligible entity desiring to participate in eligible activities under the partnership agreement, act on behalf of the producer or eligible entity in applying for a grant under subsection (d);
 (vi)monitor, evaluate, and periodically report to the Secretary on progress made toward achieving the objectives of eligible activities under the partnership agreement; and
 (vii)at the conclusion of the partnership agreement, submit to the Secretary a report describing— (I)the results and effects of the partnership agreement; and
 (II)funds provided by an eligible partner under subparagraph (B). (B)ContributionAn eligible partner shall provide funding for a significant portion (as determined by the Secretary) of the total cost of eligible activities under the partnership agreement.
								(4)Applications
 (A)In generalOne or more eligible partners and 1 or more eligible entities desiring to enter into a partnership agreement may submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications.
 (B)Competitive processThe Secretary— (i)shall conduct a competitive process to select applications submitted under subparagraph (A);
 (ii)may assess and rank applications with similar purposes as a group; and (iii)shall make public the criteria to be used in evaluating applications prior to accepting applications.
 (C)ContentAn application submitted to the Secretary under subparagraph (A) shall include a description of— (i)the scope of the regional food system to be developed, including goals, outreach objectives, and eligible activities to be carried out;
 (ii)the local, regional, State, multi-State, or other geographic area covered; (iii)the projected financials and budget for eligible activities, including estimated funded needed from the Secretary through grants under subsection (d);
 (iv)a list of each eligible partner and each eligible entity collaborating to achieve the objectives of the partnership agreement, including the roles, responsibilities, capabilities, and financial contribution of each eligible partner and each eligible entity; and
 (v)a plan for each of the following: (I)The feasibility study, implementation plan, and assessment described in paragraph (3)(A)(iii).
 (II)The outreach and education described in paragraph (3)(A)(iv). (III)The monitoring, evaluating, and reporting described in paragraph (3)(A)(vi).
 (D)Priority to certain applicationsThe Secretary may give priority to applications submitted under subparagraph (A) that— (i) (I)leverage significant non-Federal financial and technical resources; and
 (II)coordinate with other local, State, or national efforts; (ii)plan to create or retain quality jobs and provide workforce training and development in the regional food system developed under the partnership agreement;
 (iii)adapt to regional community needs and demonstrate the inclusion of cultural differences that support food equity;
 (iv)support community and regional economic development, particularly— (I)in rural areas; or
 (II)development that strengthens rural and urban connections; (v)leverage partnerships with existing agencies and regional supply chains to better integrate local and regional foods into new and existing markets;
 (vi)demonstrate an ability to build infrastructure and capacity to sustain the long-term viability of eligible activities;
 (vii)use producer controlled businesses and cooperative ownership models; (viii)support the establishment of producer controlled businesses and cooperative ownership models that serve groups whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities;
 (ix)cover an area located in distressed low-income rural and urban communities, including areas with persistent poverty;
 (x)demonstrate consistency with existing regional economic or community development plans for the area to be served by eligible activities; and
 (xi)meet other factors that are important for achieving the purposes of the Program described in subsection (b), as determined by the Secretary.
									(d)Development grants
 (1)In generalUnder the Program, the Secretary may provide grants to eligible entities to carry out, in accordance with purposes of the Program described in subsection (b), activities described in paragraph (2).
 (2)Eligible activitiesAn eligible entity may use a grant provided under paragraph (1)— (A)to support and promote—
 (i)domestic direct producer-to-consumer marketing; (ii)farmers’ markets;
 (iii)roadside stands; (iv)agritourism activities;
 (v)community-supported agriculture programs; (vi)online sales; or
 (vii)domestic direct producer-to-retailer marketing; (B)to support local and regional food business enterprises that engage as intermediaries in indirect producer-to-consumer marketing;
 (C)to support the processing, aggregation, distribution, and storage of local and regional food products that are marketed locally or regionally;
 (D)to encourage the development of new food products and value-added agricultural products; (E)to assist with business development and feasibility studies;
 (F)to develop marketing strategies for producers of local food products and value-added agricultural products in new and existing markets;
 (G)to facilitate regional food chain coordination and mid-tier value chain development; (H)to promote new business opportunities and marketing strategies to reduce on-farm food waste; or
 (I)to respond to changing technology needs in direct producer-to-consumer marketing. (3)Criteria and guidelines for applicationsThe Secretary shall establish such criteria and guidelines for the submission of applications, evaluation, and funding of proposed projects under the Program as the Secretary determines are appropriate.
							(4)Priorities
 (A)Required priorityThe Secretary shall give priority to applications submitted under paragraph (3) that— (i)are applied for by or serve—
 (I)beginning farmers or ranchers; (II)socially disadvantaged farmers or ranchers;
 (III)operators of small or medium sized farms or ranches that are structured as family farms; or (IV)veteran farmers or ranchers;
 (ii)benefit underserved communities, including communities that are located in areas of concentrated poverty with limited access to fresh locally or regionally grown food.
 (B)Discretionary priorityThe Secretary may give priority to applications submitted under paragraph (3) that— (i)are applied for by an eligible entity participating in a partnership agreement; and
 (ii)intend to carry out eligible activities under the partnership agreement. (5)TermThe term of a grant under this subsection shall be not longer than 3 years, as determined by the Secretary.
 (6)AmountThe amount of a grant under the Program shall be not more than $500,000, as determined by the Secretary.
 (7)Limitation on use of fundsAn eligible entity may not use a grant under this subsection for the purchase or construction of a building or structure.
							(e)Simplification of application and reporting processes
 (1)ApplicationsThe Secretary shall— (A)simplify the application process for a grant under subsection (d); and
 (B)establish a simplified application form for eligible entities that request less than $50,000 under that subsection.
 (2)ReportingThe Secretary shall— (A)streamline and simplify the reporting process for eligible entities; and
 (B)obtain from eligible entities and maintain such information as the Secretary determines is necessary to administer and evaluate the Program.
								(f)Economy Act agreements
 (1)In generalIn carrying out the Program, the Secretary, acting through the Administrator of the Agricultural Marketing Service, may enter into 1 or more agreements pursuant to sections 1535 and 1536 of title 31, United States Code, with—
 (A)the head of a field-based agency of the Department of Agriculture, as determined by the Secretary, to carry out such purposes and functions of the Program as the Secretary considers appropriate; or
 (B)a cooperative extension service to provide technical assistance and outreach under the program to eligible entities and eligible partners.
 (2)Indirect costsAn agreement entered into under paragraph (1)(B) shall not be subject to any indirect costs, unless the agreement expressly provides that it is subject to indirect costs.
 (g)Interdepartmental coordinationIn carrying out the Program, to the maximum extent practicable, the Secretary shall ensure coordination among Federal agencies.
						(h)Evaluation
 (1)In generalUsing amounts made available under subsection (i)(4), the Secretary shall conduct an evaluation of the Program that—
 (A)measures the economic impact of the Program on new and existing market outcomes; (B)measures the effectiveness of the Program in improving and expanding—
 (i)the regional food economy through public and private partnerships; (ii)the production of value-added agricultural products;
 (iii)producer-to-consumer marketing, including direct producer-to-consumer marketing; (iv)local and regional food systems, including regional food chain coordination and business development;
 (v)new business opportunities and marketing strategies to reduce on-farm food waste; (vi)the use of new technologies in producer-to-consumer marketing, including direct producer-to-consumer marketing; and
 (vii)the workforce and capacity of regional food systems; and (C)provides a description of—
 (i)each partnership agreement; and (ii)each grant provided under subsection (d).
 (2)ReportNot later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the evaluation conducted under paragraph (1), including a thorough analysis of the outcomes of the evaluation.
							(i)Funding
 (1)Mandatory fundingOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $80,000,000 for each of fiscal years 2018 through 2022, to remain available until expended.
 (2)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2018 through 2022, to remain available until expended.
							(3)Use of funds
								(A)Producers
 (i)In generalSubject to clause (ii), of the funds made available to carry out this section for a fiscal year, 35 percent shall be used for grants under subsection (d) provided to eligible entities described in subparagraphs (A) through (C) of subsection (a)(4).
 (ii)Majority-controlled producer-based business venturesThe total amount of grants under subsection (d) provided to majority-controlled producer-based business ventures for a fiscal year shall not exceed 10 percent of the amount reserved under clause (i).
 (B)Regional partnershipsOf the funds made available to carry out this section for a fiscal year, 10 percent shall be used to enter into partnership agreements.
 (C)Unobligated fundsAny funds reserved under subparagraph (A) or (B) that are not obligated for the uses described in that subparagraph, as applicable, by September 30 of the fiscal year for which the funds were made available—
 (i)shall be available to carry out any function of the Program; and (ii)may carry over to the next fiscal year.
 (4)Administrative expensesNot greater than 8 percent of amounts made available to carry out this section for a fiscal year may be used for administrative expenses..
			3.Food safety outreach program
 (a)Eligibility and project prioritiesSection 405 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625) is amended—
 (1)by striking subsection (c) and inserting the following new subsection:  (c)Project prioritiesIn awarding grants under this section, the Secretary shall give priority to the following types of projects:
 (1)A project that targets small and medium-sized farms, beginning farmers, socially disadvantaged farmers, small food processors, or small fresh fruit and vegetable merchant wholesalers.
 (2)A project carried out in partnership with or led by a nonprofit community-based or non-governmental organization, an organization representing owners and operators of farms, small food processors, or small fruit and vegetable merchant wholesalers that work with or represent the target audience for the project.; and
 (2)in subsection (f)(1)— (A)by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and
 (B)by striking subparagraph (B) and inserting the following new subparagraphs:  (B)a Federal, State, local, or tribal agency;
 (C)a nonprofit community-based or non-governmental organization or an organization representing owners and operators of farms, small food processors, or small fruit and vegetable merchant wholesalers that has a commitment to public health and expertise in administering programs that contribute to food safety;.
 (b)Coordination and cooperationSection 405(d) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625(d)) is amended—
 (1)in paragraph (1), by striking National Integrated Food Safety Initiative and inserting Agricultural Marketing Service; and (2)by striking paragraph (2) and inserting the following new paragraphs:

 (2)ConsultationIn carrying out the grant program under this section, the Secretary shall consult with the National Institute of Food and Agriculture—
 (A)to take into consideration applied research, education, and extension results; and (B)to integrate program evaluations and results into the research, education, and extension agenda.
 (3)Food safety applied research agendaIn determining the applied research agenda for food safety, the Secretary shall take into consideration the needs articulated by participants in projects funded by the program under this section..
 (c)Grant features and requirementsSection 405(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625(e)) is amended—
 (1)by striking paragraph (2) and inserting the following new paragraph:  (2)Encouraged featuresThe Secretary shall encourage projects carried out using grant funds under this section—
 (A)to include co-management of food safety, conservation systems, and ecological health; and (B)to be appropriate to the identified needs of the priority target audience.;
 (2)in paragraph (3)(B), by inserting before the period at the end the following: , except that a continuation grant may be approved for a project that meets one of the priorities specified in subsection (c) and demonstrates positive impacts to the target audience from the prior funding cycle; and
 (3)by adding at the end the following new paragraph:  (4)Limitation on indirect costsA recipient of a grant under this subsection may not use more than 20 percent on the funds provided by the grant for the indirect costs of carrying out the initiatives described in paragraph (1)..
 (d)FundingSubsection (j) of section 405 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625) is amended to read as follows:

					(j)Funding
 (1)Mandatory fundingOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $20,000,000 for each of fiscal years 2018 through 2022.
 (2)Limitation on administrative expensesNot more than 5 percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses..
 (e)Cross-Reference and technical correctionSection 405(a) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625(a)) is amended—
 (1)by inserting (known as the Food Safety Outreach Program) after competitive grant program; and (2)by striking section 1011(d) of the Federal Food, Drug, and Cosmetic Act and inserting section 1012(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399c(d)).
				4.Food safety cost-share program
 (a)Establishment requiredThe Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, shall establish a national food safety cost-share program to reimburse producers and handlers of agricultural products for costs incurred in obtaining food safety certification and in making necessary changes and upgrades to practices and equipment to improve food safety.
			(b)Eligibility
 (1)In generalAny domestic producer or handler that obtains a food safety certification may request reimbursement under the national food safety cost-share program.
 (2)LimitationA producer or handler that has successfully passed a food safety audit each year of the preceding three years is not eligible for reimbursement.
				(c)Amount of reimbursement
 (1)In generalSubject to paragraph (2), the Secretary may reimburse a producer or handler under the national food safety cost-share program for—
 (A)not more than 75 percent of the costs incurred by the producer or handler in obtaining food safety certification through an accredited food safety certifier; and
 (B)not more than 50 percent of the costs incurred by the producer or handler for changes to agricultural practices and equipment necessary to improve food safety.
 (2)Maximum amountThe maximum amount of reimbursement provided to a producer or handler under the national food safety cost-share program shall be—
 (A)$1,500 under paragraph (1)(A); and (B)$5,000 under paragraph (1)(B).
 (3)Increased payments for certain producersNotwithstanding paragraph (1), but subject to paragraph (2), in the case of a producer that is a limited resource, socially disadvantaged farmer or rancher, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))), or a beginning farmer or rancher, the Secretary may increase the amount that would otherwise be provided to the producer under this subsection—
 (A)up to 90 percent of the cost of certification; and (B)up to 75 percent of the cost of practices.
 (d)Reporting requirementsNot later than March 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the requests by, disbursements to, and expenditures for each State under the national food safety cost-share program during the current and previous fiscal year, including the number of producers and handlers served by the program in the previous fiscal year.
			(e)Funding
 (1)Mandatory fundingOf the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out the national food safety cost-share program $10,000,000 for each of fiscal years 2018 through 2022. Such amounts shall remain available until expended.
 (2)Authorization of appropriationsThere is authorized to be appropriated to carry out the national food safety cost-share program $10,000,000 for each of fiscal years 2018 through 2022.
				5.National organic certification cost-share program
 (a)Elimination of directed delegationSection 10606(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(a)) is amended by striking (acting through the Agricultural Marketing Service).
 (b)FundingSubsection (d) of section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523) is amended to read as follows:

 (d)Mandatory fundingOf the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out the national organic certification cost-share program $11,500,000, to remain available until expended, for each of fiscal years 2018 through 2022..
 6.Livestock, dairy, and poultry supply chain infrastructure grants and loansSubtitle D of title III of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.) is amended by adding at the end the following new section:

				379I.Livestock, dairy, and poultry supply chain infrastructure
 (a)In generalThe Secretary is authorized to provide grants or make or insure loans under any of the programs authorized by this Act, the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.), or the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), as the Secretary determines to be appropriate, to assist farmers and rural businesses and cooperatives to maintain or increase the production, aggregation, processing, distribution, and marketing of value-added, niche, or regionally-marketed meat, dairy, and poultry products.
 (b)PriorityIn implementing subsection (a), the Secretary shall give priority to grants or loans that will help increase or enhance the availability and geographic distribution of State- and Department of Agriculture-inspected small processing facilities.
 (c)Small processing facility definedIn this section, the term small processing facility means— (1)with respect to an establishment that is subject to the requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), a certain small establishment that is eligible to be selected under section 501(b) of such Act; or
 (2)a selected establishment (as defined in section 31(a) of the Poultry Products Inspection Act (21 U.S.C. 472(a)))..
 7.Geographic preference and identification for school foodSection 9(j) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(j)) is amended by striking paragraph (3) and inserting the following new paragraph:

 (3)allow institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), including the Department of Defense Fresh Fruit and Vegetable Program—
 (A)to use a geographic preference for the procurement of unprocessed agricultural products, both locally grown and locally raised; or
 (B)to use locally grown, locally raised, or locally caught as a product specification.. 8.Harvesting health programThe Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following new section:

				30.Harvesting health program
 (a)In generalThe Secretary shall, in coordination with other Federal agencies, award grants to eligible entities to conduct pilot projects to demonstrate and evaluate the impact of produce prescription programs for low-income individuals and households.
 (b)PurposeThe purpose of the pilot projects required under this section is to demonstrate and evaluate the impact of produce prescription programs in areas with persistent poverty with respect to the following:
 (1)The reduction of individual and household food insecurity. (2)The support for local and regional agriculture and economic development.
 (3)The increased domestic consumption of produce. (4)The reduction in health care use and associated costs.
 (c)Eligible entityIn this section, the term eligible entity means— (1)an emergency feeding organization (as defined in section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501)), in partnership with—
 (A)a hospital; (B)a Federally-qualified health center (as such term is defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)));
 (C)a hospital or clinic operated by the Department of Veterans Affairs; (D)a provider group;
 (2)a farmer’s market, community supported agriculture entity, cooperative, local public benefit corporation, non-profit organization, retail food store authorized under the supplemental nutrition assistance program;
 (3)a local or State government agency, in partnership with any of the entities described in subparagraphs (A) through (D) of paragraph (1); and
 (4)any of the entities described in subparagraphs (A) through (D) of paragraph (1), in partnership with an—
 (A)emergency feeding organization; (B)entity described in paragraph (2); or
 (C)a local or State government agency. (d)Demonstration projectTo be eligible to receive a grant under this section, an eligible entity shall submit an application, at such time, in such manner, and containing such information as the Secretary may require, including—
 (1)a description of methods for how the produce prescription program would be targeted to low-income individuals and households with existing diet-related health issues;
 (2)a description and plan for the screening and recruitment of low-income individuals and households with existing diet-related health issues;
 (3)a description of plans for the evaluation of program participants and partners focused on purposes described under subsection (b);
 (4)a description of plans for the inclusion of nutrition education opportunities for program participants;
 (5)a description of the program partnerships and the role of each partner in implementing and evaluating an effective program;
 (6)documentation of the necessary partnership agreements with the relevant State Medicaid agency or other appropriate entity for the purpose of evaluating the programs effectiveness in reducing health care use and associated costs; and
 (7)data as requested by the Secretary for purposes of analyzing the impact of the project. (e)EvaluationIn carrying out this section, the Secretary may enter into memorandums of understanding with Federal and States agencies and private partners to ensure the effective implementation and evaluation of the program.
 (f)Produce prescription program definedIn this section, the term produce prescription program means a program— (1)under which fresh fruits and vegetables are prescribed to individuals or households who are at-risk due to health status or income; and
 (2)that may provide— (A)financial incentives for individuals described in paragraph (1) to purchase fruits and vegetables;
 (B)education resources on nutrition to such individuals; and (C)accessible locations for participants to procure fresh fruits and vegetables.
							(g)Funding
 (1)Mandatory fundingOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000, to remain available until expended, for each of fiscal years 2018 through 2022.
 (2)Discretionary fundingThere is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2018 through 2022..
		9.Extension of, expansion of, and additional funding for, seniors farmers’ market nutrition program
 (a)Extension of programSection 4402(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is amended to read as follows:

					(a)Funding
 (1)Mandatory fundingOf the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out and expand a seniors and veterans farmers’ market nutrition program at least $50,000,000 for each of fiscal years 2018 through 2022.
 (2)Discretionary fundingThere are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2018 through 2022.
 (3)Use of fundsOf the funds made available to carry out this section for a fiscal year— (A)70 percent of the funds shall be used for the benefit of program recipients who are low-income seniors; and
 (B)30 percent of the funds shall be used for the benefit of program recipients who are low-income veterans..
 (b)PurposesSection 4402(b)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(b)(1)) is amended—
 (1)by inserting , minimally processed after unprepared; and (2)by inserting and low-income veterans after low-income seniors.
 (c)Administrative costs; unexpended fundsSection 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended by adding at the end the following:

 (g)Unexpended fundsTo the extent the funds made available under subsection (a) for a fiscal year are not expended in that fiscal year, the Secretary shall use such funds in a subsequent fiscal year for the same purpose.
 (h)PrioritiesIn providing funds made available under this section, the Secretary shall give priority to farmers’ markets that have an operational seniors and veterans farmers’ market program and to seniors and veterans farmers’ market programs in historically underserved communities.
 (i)DefinitionsIn this section: (1)Low-incomeThe term low-income shall have the meaning determined by the Secretary and shall be applied equally with respect to seniors and veterans.
 (2)Minimally processedThe term minimally processed means, with respect to a product, processing that does not fundamentally alter such product. (3)VeteranThe term veteran means an individual who has served in the Armed Forces (as defined in section 101(10) of title 38 United States Code)..
 (d)Expansion To include veteransSection 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended by inserting and veterans after seniors each place it appears in the section heading and in subsections (b), (c), (d), and (f).
 10.Food and agriculture service learning programSection 413 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7633) is amended—
 (1)in subsection (b)(4), by inserting , to promote agricultural education, and raise awareness about the consequences of wasted food and encourage the implementation of food recovery initiatives to reduce the quantity of wasted food before the semicolon;
 (2)in subsection (c)— (A)in paragraph (2)—
 (i)in subparagraph (C), by striking and where food comes from; and and inserting where food comes from, the consequences of food waste, and food recovery initiatives;; (ii)in subparagraph (D), by striking the period at the end and inserting ; and; and
 (iii)by adding at the end the following new subparagraph:  (E)have the capacity to execute regional or national projects that include 2 or more States.; and
 (B)by adding at the end the following new paragraph:  (3)ReservationThe majority of the funds made available to carry out this subsection shall be reserved for projects that—
 (A)are larger in scale as compared to other proposed projects; (B)are national or regional in scope; and
 (C)include 2 or more States.; and (3)in subsection (e)(1), by striking $25,000,000, to remain available until expended and inserting $5,000,000 for each of fiscal years 2018 through 2022.


109 HR 4282 IH: Health Freedom Protection Act
U.S. House of Representatives
2005-11-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 4282
IN THE HOUSE OF REPRESENTATIVES

November 9, 2005
Mr. Paul (for himself, Mr. Jones of North Carolina, Mr. Duncan, Mr. DeFazio, Mr. Bartlett of Maryland, Mr. Burton of Indiana, Mr. Miller of Florida, and Mr. Bishop of Utah) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Federal Food, Drug, and Cosmetic Act concerning foods and dietary supplements, to amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases, and for other purposes.

1.Short titleThis Act may be cited as the Health Freedom Protection Act.
2.DefinitionsThe second sentence of subparagraph (1) of section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)) is amended by inserting including a claim to cure, mitigate, treat, or prevent disease, after for which a claim,.
3.Misbranded foodSection 403(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended—
(1)in subparagraph (1)(B), by striking to a disease or a health-related condition and inserting to the cure, mitigation, treatment, or prevention of any disease or any health-related condition;
(2)in subparagraph (2)—
(A)by amending clause (G) to read as follows:

(G)Publications of the United States Government shall not be subject to this subparagraph, subparagraph (3), or subparagraph 5(D). The Secretary shall take no action under this Act to restrict, limit, or impede the reprinting and distribution or sale of any publication of the United States Government (including ones published by or at the request of any department, agency, institute, center, or academy and including content characterizing the relationship of any nutrient to the cure, mitigation, treatment, or prevention of any disease). The Secretary shall not construe the distribution or sale of a publication of the United States Government in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug.; and
(B)by amending clause (H) to read as follows:

(H)Accurate quotations from a publication of the United States Government referred to in clause (G) shall not be subject to this subparagraph, subparagraph (3), or subparagraph 5(D). The Secretary shall take no action under this Act to restrict, limit, or impede the use of accurate quotations from a United States Government publication that characterize the relationship of any nutrient to the cure, mitigation, treatment, or prevention of any disease. The Secretary shall not construe accurate quotations from a United States Government publication used in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug.;
(3)in subparagraph (3), by adding at the end the following:

(E)The Secretary shall allow with reasonable and concise disclaimers not to exceed three sentences claims of the type described in subparagraph (1)(B) not authorized under this subparagraph or subparagraph (5)(D) unless the Secretary determines that—
(i)there is no scientific evidence that supports the claim; and
(ii)the claim is inherently misleading and incapable of being rendered nonmisleading through the addition of a disclaimer.The Secretary shall not use tests of consumer perception of product health benefits as a basis for a determination under subclause (ii). The Secretary shall bear the burden of proof by clear and convincing evidence on each element of this clause.
(F)The Secretary shall not exclude studies concerning the treatment effects of nutrients on disease from the evaluation of any health claims under this subparagraph or subparagraph (1)(B) or (5)(D).
(G)Notwithstanding any other provision of law, a member of an advisory committee under this Act may not, with respect to service on a committee evaluating a claim of the type described in subparagraph (1)(B), be granted an exemption under section 208(b) of title 18, United States Code (relating to personal financial interests).
(H)Notwithstanding any prior decisions of the Secretary concerning the relationship of saw palmetto to benign prostatic hyperplasia, the relationship of omega-3 fatty acids and coronary heart disease, the relationship of omega-3 fatty acids and sudden death heart attack, the relationship of glucosamine or chondroitin sulfate and osteoarthritis, or the relationship of calcium and bone fractures, the following health claims are authorized for use on labels and in the labeling of all foods and dietary supplements containing those nutrients:
(i)Saw Palmetto may improve urine flow, reduce nocturia and reduce voiding urgency associated with mild benign prostatic hyperplasia (an enlarged prostate).
(ii)Omega-3 Fatty Acids may reduce the risk of coronary heart disease.
(iii)Omega-3 Fatty Acids may reduce the risk of sudden death heart attack.
(iv)Glucosamine may reduce joint stiffness and pain associated with osteoarthritis.
(v)Chondroitin Sulfate may reduce joint stiffness and pain associated with osteoarthritis.
(vi)Glucosamine and Chondroitin Sulfate may reduce joint stiffness and pain associated with osteoarthritis.
(vii)Calcium may reduce the risk of bone fractures.;
(4)in subclause (i) of subparagraph (4)(A)—
(A)in the first sentence, by striking or (3)(B) and inserting , (3)(B), or (3)(E); and
(B)by striking Not later than 100 days and all that follows through the end of subclause (i) and inserting The Secretary shall promulgate regulations authorizing or denying claims under subparagraph (3)(B), shall publish notice of claims allowed or disallowed under subparagraph (3)(C) or (3)(E) no later than 100 days after the petition for such claims is received by the Secretary, and shall not seek or grant any extensions of that deadline. Any failure by the Secretary to act within the 100-day period described in the preceding sentence shall result in authorization or allowance, as applicable, of the petitioned claim by operation of law.; and
(5)in the matter following clause (C) in subparagraph (6), by adding at the end the following A statement for a dietary supplement under this subparagraph may include words that are recognized as signs or symptoms of disease or that among their commonly understood meanings imply the cure, mitigation, treatment, or prevention of disease so long as the statement does not include the name of a specific disease and is made in compliance with the requirements of clause (C). A statement for a dietary supplement under this subparagraph may in support of the statement refer to or cite a scientific publication that has a title or contents that include the name of a specific disease or a sign or symptom of a specific disease..
4.Dietary supplement labeling exemptionsSection 403B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343–2) is amended to read as follows:

403B.Food and dietary supplement labeling exemptionA truthful and nonmisleading scientific publication reprinted in its entirety and used in connection with the sale of a food or dietary supplement to consumers shall not be defined as labeling and shall not be deemed evidence of an intent to sell a drug. The Secretary shall not restrict in any way whatsoever the distribution of any publication exempt from labeling under this section..
5.Health informationSection 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by adding at the end the following:

(o)Advertising of Dietary Supplements and Dietary Ingredients
(1)DefinitionsIn this subsection:
(A)Dietary supplementThe term dietary supplement has the meaning given to that term in section 201(ff) of the Federal Food, Drug, and Cosmetic Act.
(B)Dietary ingredientThe term dietary ingredient means an ingredient listed in clause (A) through (F) of section 201(ff)(1) of the Federal Food, Drug, and Cosmetic Act that is included in, or that is intended to be included in, a dietary supplement.
(2)Exemptions from regulation as advertising
(A)Insofar as a publication is exempt pursuant to Section 403B of the Federal Food, Drug, and Cosmetic Act, the publication is also exempt from regulation as advertising under this Act.
(B)A truthful and accurate summary of the findings of a peer-reviewed medical, nutritional, or other scientific publication shall not be subject to regulation as advertising under this Act.
(3)No implied claimsIn any investigation commenced by the Commission and in any adjudicative proceeding in which the Commission is a party, the Commission shall not attribute to an advertiser accused of false advertisement any advertising statement not actually made by that advertiser.
(4)Notice, opportunity to cure, and burden of proof for investigation
(A)Before the Commission authorizes an investigation of false advertisement by an advertiser of a dietary supplement or a dietary ingredient, the Commission shall send the advertiser a written Notice of Suspected Violation and Opportunity to Cure informing the advertiser of—
(i)the precise advertising statement that the Commission suspects may be false or misleading;
(ii)the scientific basis for the Commission’s view that any statement of health benefit may be false or misleading; and
(iii)a date certain, not less than 30 days after the date of the advertiser’s receipt of the notice, by which the advertiser may voluntarily discontinue further use of the statement the Commission suspects may be false or misleading and, upon so doing, the advertiser shall not be subject to an investigation of false advertisement by the Commission for the statement.
(B)The Commission shall not commence any investigation of an advertiser of a dietary supplement or a dietary ingredient to determine whether the advertiser has disseminated a false advertisement unless it possesses before the commencement of such investigation proof by a preponderance of the evidence that the advertisement is false and misleading.
(5)Burden of proof for false advertisement casesIn any proceeding before a Court or the Commission in which an advertiser of a dietary supplement or a dietary ingredient is charged with deceptive advertising, the burden of proof shall be on the Commission to establish that the advertisement is false and misleading and that the advertisement actually causes consumers to be misled into believing to be true that which is demonstrably false. No order adverse to the advertiser shall be entered except upon the Commission satisfying that burden of proof..


		II
		112th CONGRESS
		1st Session
		S. 1928
		IN THE SENATE OF THE UNITED STATES

			November 30, 2011
			Ms. Klobuchar (for
			 herself and Mrs. Hutchison) introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide criminal penalties for stalking.

		1.Short
			 titleThis Act may be cited as
			 the Stalkers Act of
			 2011.
		2.Criminal
			 provision relating to stalking, including cyberstalkingSection 2261A of title 18, United States
			 Code, is amended to read as follows:

				2261A.StalkingWhoever—
					(1)travels in
				interstate or foreign commerce or is present within the special maritime and
				territorial jurisdiction of the United States, or enters or leaves Indian
				country, with the intent to kill, injure, harass, intimidate, or place under
				surveillance with intent to kill, injure, harass, or intimidate another person,
				and in the course of, or as a result of, such travel or presence engages in
				conduct that—
						(A)places that
				person in reasonable fear of the death of, or serious bodily injury to—
							(i)that
				person;
							(ii)an immediate
				family member (as defined in section 115) of that person; or
							(iii)a spouse or
				intimate partner of that person; or
							(B)causes or
				attempts to cause or would be reasonably expected to cause substantial
				emotional distress to a person described in clause (i), (ii), or (iii) of
				subparagraph (A); or
						(2)with the intent
				to kill, injure, harass, intimidate, or place under surveillance with intent to
				kill, injure, harass, or intimidate another person, uses the mail, any
				interactive computer service or electronic communication service or electronic
				communication system of interstate commerce, or any other facility of
				interstate or foreign commerce to engage in a course of conduct that—
						(A)places that
				person in reasonable fear of the death of or serious bodily injury to a person
				described in clause (i), (ii), or (iii) of paragraph (1)(A); or
						(B)causes or
				attempts to cause or would be reasonably expected to cause substantial
				emotional distress to a person described in clause (i), (ii), or (iii) of
				paragraph (1)(A),
						shall be punished as provided in
				section 2261(b) of this
				title..


117 HR 3481 IH: Railroad Yardmaster Protection Act of 2021
U.S. House of Representatives
2021-05-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3481IN THE HOUSE OF REPRESENTATIVESMay 25, 2021Mr. Carbajal introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, to provide for limitations on duty hours for yardmaster employees, and for other purposes.1.Short titleThis Act may be cited as the Railroad Yardmaster Protection Act of 2021.2.Limitations on duty hours of yardmaster employees(a)Limitations on duty hours of yardmaster employeesSection 21103 of title 49, United States Code, is amended—(1)in the heading of such section, by inserting and yardmaster employees after train employees;(2)by inserting or yardmaster employee after train employee each place it appears; and(3)in subsection (e), by inserting or yardmaster after During a train.(b)DefinitionsSection 21101 of title 49, United States Code, is amended—(1)in paragraph (3) by inserting a yardmaster employee, after dispatching service employee,; and(2)by adding at the end the following:(6)yardmaster employee means an individual responsible for supervising and coordinating the control of trains and engines operating within a rail yard..(c)Conforming amendmentThe table of sections for chapter 211 of title 49, United States Code, is amended by striking the item relating to section 21103 and inserting the following:21103. Limitations on duty hours of train employees and yardmaster employees..


109 HR 23 IH: Belated Thank You to the Merchant Mariners of World War II Act of 2005
U.S. House of Representatives
2005-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 23
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. Filner introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title 46, United States Code, and title II of the Social Security Act to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II.

1.Short titleThis Act may be cited as the Belated Thank You to the Merchant Mariners of World War II Act of 2005.
2.Monthly benefit for World War II merchant mariners and survivors under title 46, United States Code
(a)Monthly benefitChapter 112 of title 46, United States Code, is amended—
(1)by inserting after the table of sections the following new subchapter heading:

IVeterans’ burial and cemetery benefits; and
(2)by adding at the end the following new subchapter:

IIMonthly benefit
11205.Monthly benefit
(a)PaymentThe Secretary of Veterans Affairs shall pay to each person issued a certificate of honorable service pursuant to section 11207(b) of this title a monthly benefit of $1,000.
(b)Surviving spouses
(1)Payment to surviving spousesThe Secretary of Veterans Affairs shall pay to the surviving spouse of each person issued a certificate of honorable service pursuant to section 11207(b) of this title a monthly benefit of $1,000.
(2)ExclusionNo benefit shall be paid under paragraph (1) to a surviving spouse of a person issued a certificate of honorable service pursuant to section 11207(b) unless the surviving spouse was married to such person for no less than 1 year.
(c)Exemption from taxationPayments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38.
11206.Qualified service For purposes of this subchapter, a person shall be considered to have engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person—
(1)was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—
(A)operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of such Administration or Office);
(B)operated in waters other than—
(i)inland waters;
(ii)the Great Lakes; and
(iii)other lakes, bays, and harbors of the United States;
(C)under contract or charter to, or property of, the Government of the United States; and
(D)serving the Armed Forces; and
(2)while serving as described in paragraph (1), was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.
11207.Documentation of qualified service
(a)Application for service certificateA person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense.
(b)Issuance of service certificateThe Secretary who receives an application under subsection (a) shall issue a certificate of honorable service to the applicant if, as determined by that Secretary, the person engaged in qualified service under section 11206 of this title and meets the standards referred to in subsection (d) of this section.
(c)Timing of documentationA Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt.
(d)Standards relating to serviceIn making a determination under subsection (b), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).
11208.DefinitionsIn this subchapter, the term surviving spouse has the meaning given such term in section 101 of title 38, except that in applying the meaning in this subchapter, the term veteran shall include a person who performed qualified service as specified in section 11206 of this title.
11209.Authorization of appropriationsThere are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary for the purpose of carrying out this subchapter..
(b)Conforming amendmentsSubsection (c) of section 11201 of title 46, United States Code, is amended—
(1)in paragraph (1), by striking chapter and inserting subchapter; and
(2)in paragraph (2), by striking chapter the second place it appears and inserting subchapter.
(c)Clerical amendmentsThe table of sections at the beginning of chapter 112 of title 46, United States Code, is amended—
(1)by inserting at the beginning the following new item:

Subchapter I—Veterans’ burial and cemetery benefits; and
(2)by adding at the end the following new items:

Subchapter II—Monthly benefit
11205. Monthly benefit
11206. Qualified service
11207. Documentation of qualified service
11208. Definitions
11209. Authorization of appropriations.
(d)Effective dateSubchapter II of chapter 112 of title 46, United States Code, as added by subsection (a) of this section, shall take effect with respect to payments for periods beginning on or after the date of the enactment of this Act, regardless of the date of application for benefits.
3.Benefits for World War II merchant mariners under title II of the Social Security Act
(a)BenefitsSection 217(d) of the Social Security Act (42 U.S.C. 417(d)) is amended by adding at the end the following new paragraph:

(3)The term active military or naval service includes the service, or any period of forcible detention or internment by an enemy government or hostile force as a result of action against a vessel described in subparagraph (A), of a person who—
(A)was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—
(i)operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of such Administration or Office);
(ii)operated in waters other than—
(I)inland waters;
(II)the Great Lakes; and
(III)other lakes, bays, and harbors of the United States;
(iii)under contract or charter to, or property of, the Government of the United States; and
(iv)serving the Armed Forces; and
(B)while serving as described in subparagraph (A), was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service..
(b)Effective dateThe amendment made by subsection (a) shall apply only with respect to benefits for months beginning on or after the date of the enactment of this Act.


115 HR 5387 IH: Consortia-Led Energy and Advanced Manufacturing Networks Act
U.S. House of Representatives
2018-03-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5387IN THE HOUSE OF REPRESENTATIVESMarch 22, 2018Mr. Cartwright (for himself, Mr. Tonko, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo provide for the establishment of clean technology consortia to enhance the economic,
			 environmental, and energy security of the United States by promoting
			 domestic development, manufacture, and deployment of clean technologies,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Consortia-Led Energy and Advanced Manufacturing Networks Act. 2.DefinitionsIn this Act:
 (1)Clean technologyThe term clean technology means a technology, production process, or methodology that— (A)produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c));
 (B)more efficiently transmits, distributes, or stores energy; (C)enhances energy efficiency for buildings and industry, including combined heat and power;
 (D)enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis;
 (E)produces an advanced or sustainable material with energy or energy efficiency applications; (F)improves energy efficiency for transportation, including electric vehicles; or
 (G)enhances water security through improved water management, conservation, distribution, or end use applications.
 (2)Advanced manufacturingThe term advanced manufacturing— (A)means a manufacturing process that makes extensive use of computer, high precision, or information technologies integrated with a high performance workforce in a production system capable of furnishing a heterogeneous mix of products in small or large volumes with either the efficiency of mass production or the flexibility of custom manufacturing in order to respond quickly to customer demands; and
 (B)includes both new ways to manufacture existing products and the manufacture of new products emerging from new advanced technologies.
 (3)ClusterThe term cluster means a network of entities directly involved in the research, development, finance, and commercial application of clean technologies and advanced manufacturing whose geographic proximity facilitates the use and sharing of skilled human resources, infrastructure, research facilities, educational and training institutions, venture capital, and input suppliers.
 (4)ConsortiumThe term consortium means a clean technology consortium established in accordance with this Act. (5)ProjectThe term project means an activity with respect to which a consortium provides support under this Act.
 (6)Qualifying entityThe term qualifying entity means— (A)an institution of higher education that has entered into a partnership agreement with a private-sector entity;
 (B)a Federal or State entity with a focus on developing clean technologies or clusters, as determined by the Secretary;
 (C)a nongovernmental organization with expertise in translational research, clean technology, or cluster development; or
 (D)any other entity determined appropriate by the Secretary. (7)SecretaryThe term Secretary means the Secretary of Commerce.
 (8)Translational researchThe term translational research means the coordination of basic or applied research with technical applications to enable promising discoveries or inventions to achieve commercial application.
			3.Establishment of clean technology consortia program
 (a)In generalThe Secretary shall establish and carry out a program to establish clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean, state-of-the-art technologies.
 (b)ProgramThe Secretary shall carry out the program established under subsection (a) by leveraging the expertise and resources of private research communities, institutions of higher education, industry, venture capital, National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other participants in technology innovation—
 (1)to support collaborative, cross-disciplinary research and development in clean technologies and advanced manufacturing; and
 (2)to develop and accelerate the commercial application of innovative clean technologies and advanced manufacturing practices.
 (c)Role of the SecretaryThe Secretary shall— (1)carry out and oversee all aspects of the program established under subsection (a);
 (2)select recipients of grants for the establishment and operation of consortia through a competitive selection process; and
 (3)coordinate the innovation activities of consortia with activities carried out by the Secretary of Energy, the Secretary of Defense, other Federal agency heads, industry, and institutions of higher education, including by annually—
 (A)issuing guidance regarding national clean technology and advanced manufacturing development priorities and strategic objectives; and
 (B)convening a conference relating to clean technology and advanced manufacturing, which shall bring together representatives of Federal agencies, industry, institutions of higher education, and other entities to share research and commercialization results, program plans, and opportunities for collaboration.
 (d)Purposes of consortiaThe purposes of the consortia shall include— (1)promoting new innovative clean technologies that have demonstrated interest and potential for commercialization;
 (2)expanding advanced manufacturing capabilities, networks, supply chains, and assets, in the area of clean technologies, that contribute to regional and national manufacturing competitiveness and potential for growth;
 (3)promoting job creation and entrepreneurship through the establishment of new companies, the expansion of existing companies, and commercialization of clean technologies;
 (4)providing technical or financial assistance to companies looking to invest in clean technologies, new products or services, or enhanced processes that will grow sales and jobs;
 (5)determining opportunities and challenges that companies are facing and how to improve their use or production of clean technologies;
 (6)assisting individual small- and medium-sized enterprises with adopting and utilizing new clean technologies and related business and advanced manufacturing practices;
 (7)accelerating investment in and deployment of clean technologies through public-private partnerships;
 (8)encouraging partnering between and among emerging and established clean technology and advanced manufacturing enterprises; or
 (9)demonstrating a comprehensive and successful model for commercialization of clean technologies for promotion and emulation.
				4.Applications
 (a)In generalTo receive a grant under this Act, a consortium shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary determines to be necessary.
 (b)EligibilityA consortium shall be eligible to receive a grant under this Act if— (1)the consortium consists of—
 (A)one or more research universities that can demonstrate a significant annual clean technology research budget, entrepreneurial support programs, and technology licensing expertise; and
 (B)a total of three or more qualifying entities that can demonstrate expertise in translational research, clean technology, and cluster development;
 (2)the members of the consortium have established a binding agreement that documents— (A)the structure of the partnership agreement;
 (B)a governance and management structure that enables cost-effective implementation of the program; (C)a conflicts-of-interest policy, including procedures, consistent with those of the Department of Commerce, to ensure that employees and designees for consortium activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest;
 (D)an accounting structure that meets the requirements of the Secretary and that may be audited under this Act; and
 (E)the existence of an external advisory committee; (3)the consortium receives funding from non-Federal sources, such as a State and participants of the consortium, that may be used to support projects;
 (4)the consortium is part of an existing cluster or demonstrates high potential to develop a new cluster; and
 (5)the consortium operates as a nonprofit organization or as a public-private partnership under an operating agreement led by a nonprofit organization.
 (c)DisqualificationThe Secretary may disqualify an application from a consortium under this Act if the Secretary determines that the conflicts-of-interest policy of the consortium is inadequate.
			(d)External advisory committees
 (1)In generalTo be eligible to receive a grant under this Act, a consortium shall establish an external advisory committee, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise.
 (2)DutiesAn external advisory committee shall— (A)review the proposed plans, programs, project selection criteria, and projects of the consortium; and
 (B)ensure that projects selected by the consortium meet the applicable conflicts-of-interest policy of the consortium.
 (3)MembersAn external advisory committee shall consist of— (A)representatives of the members of the consortium; and
 (B)such representatives of industry, including entrepreneurs and venture capitalists, as the members of the consortium determine to be necessary.
 (4)Secretary as memberThe Secretary shall join the external advisory committee of a consortium that receives a grant under this Act.
				5.Grants
 (a)In generalThe Secretary shall award grants, on a competitive basis— (1)not later than 2 years after the date of enactment of this Act, to at least 1 consortium; and
 (2)not later than 10 years after such date of enactment, to not fewer than 6 consortia. (b)Terms (1)In generalThe initial term of a grant awarded under this Act shall not exceed 5 years.
 (2)ExtensionThe Secretary may extend the term of a grant awarded under this Act for a period of not more than 5 additional years.
				(c)Amounts
 (1)In generalA grant awarded to a consortium under this Act shall not exceed the lesser of— (A)$30,000,000 per fiscal year; or
 (B)the collective contributions of non-Federal entities to the consortium, as described under section 4(b)(3).
 (2)FlexibilityIn determining the amount of a grant under this section, the Secretary shall consider— (A)the translational research capacity of the consortium;
 (B)the financial, human, and facility resources of the qualifying entities; and (C)the cluster of which the consortium is a part.
 (3)Increases in amountsSubject to paragraph (1), a consortium may request an increase in the amount of a grant awarded under this Act at the time the consortium requests an extension of an initial grant.
				(d)Use of amounts
 (1)In generalSubject to paragraph (3), a consortium awarded a grant under this Act shall use the amounts to support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology.
 (2)Project selectionAs a condition of receiving a grant under this Act, a consortium shall— (A)develop and make available to the public on the Web site of the Department of Commerce proposed plans, programs, project selection criteria, and terms for individual project awards;
 (B)establish policies— (i)to prevent resources provided to the consortium from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium;
 (ii)to facilitate the participation of private entities that invest in clean technologies to perform due diligence on award proposals, to participate in the award review process, and to provide guidance to projects supported by the consortium; and
 (iii)to facilitate the participation of parties with a demonstrated history of commercial application of clean technologies in the development of consortium projects;
 (C)oversee project solicitations, review proposed projects, and select projects for awards; and (D)monitor project implementation.
					(3)Limitations
 (A)Administrative expensesA consortium may use not more than 10 percent of the amounts awarded to the consortium for administrative expenses.
 (B)Prohibition on useA consortium may not use any amounts awarded to the consortium under this Act to construct a new building or facility.
					(e)Audits
 (1)In generalA consortium that receives a grant under this Act shall carry out, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine whether the grant has been used in accordance with this Act.
 (2)ReportThe consortium shall submit a copy of each audit under paragraph (1) to the Secretary and the Comptroller General of the United States.
 (3)GAO reviewAs a condition of receiving a grant under this Act, a consortium shall allow the Comptroller General of the United States, on the request of the Comptroller General, full access to the books, records, and personnel of consortium.
 (4)Reports to CongressThe Secretary shall submit to Congress annually a report that includes— (A)a copy of each audit carried out under paragraph (1); and
 (B)any recommendations of the Secretary relating to the clean technology consortia program. (f)Revocation of awardsThe Secretary shall have the authority—
 (1)to review grants awarded under this Act; and (2)to revoke a grant awarded under this Act if the Secretary determines that a consortium has used the grant in a manner that is not consistent with this Act.
 (g)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $100,000,000.