114 S2852 ES: OPEN Government Data Act
U.S. Senate

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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.

114th CONGRESS2d SessionS. 2852IN THE SENATE OF THE UNITED STATESAN ACTTo expand the Government’s use and administration of data to facilitate transparency, effective
			 governance, and innovation, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Open, Public, Electronic, and Necessary Government Data Act or the OPEN Government Data Act. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Findings; agency defined.Sec. 3. Rule of construction.Sec. 4. Federal information policy definitions.Sec. 5. Requirement for making open and machine-readable the default for Government data.Sec. 6. Responsibilities of the Office of Electronic Government.Sec. 7. Data inventory and planning.Sec. 8. Technology portal.Sec. 9. Enhanced responsibilities for chief information officers and chief information officers
			 council duties.Sec. 10. Evaluation of agency analytical capabilities.Sec. 11. Effective date.
			2.Findings; agency defined
 (a)FindingsCongress finds the following: (1)Federal Government data is a valuable national resource. Managing Federal Government data to make it open, available, discoverable, and useable to the general public, businesses, journalists, academics, and advocates promotes efficiency and effectiveness in Government, creates economic opportunities, promotes scientific discovery, and most importantly, strengthens our democracy.
 (2)Maximizing the usefulness of Federal Government data that is appropriate for release rests upon making it readily available, discoverable, and usable—in a word: open. Information presumptively should be available to the general public unless the Federal Government reasonably foresees that disclosure could harm a specific, articulable interest protected by law or the Federal Government is otherwise expressly prohibited from releasing such data due to statutory requirements.
 (3)The Federal Government has the responsibility to be transparent and accountable to its citizens. (4)Data controlled, collected, or created by the Federal Government should be originated, transmitted, and published in modern, open, and electronic format, to be as readily accessible as possible, consistent with data standards imbued with authority under this Act and to the extent permitted by law.
 (5)The effort to inventory Government data will have additional benefits, including identifying opportunities within agencies to reduce waste, increase efficiencies, and save taxpayer dollars. As such, this effort should involve many types of data, including data generated by applications, devices, networks, and equipment, which can be harnessed to improve operations, lower energy consumption, reduce costs, and strengthen security.
 (6)Communication, commerce, and data transcend national borders. Global access to Government information is often essential to promoting innovation, scientific discovery, entrepreneurship, education, and the general welfare.
 (b)Agency definedIn this Act, the term agency has the meaning given that term in section 3502 of title 44, United States Code, and includes the Federal Election Commission.
 3.Rule of constructionNothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).
 4.Federal information policy definitionsSection 3502 of title 44, United States Code, is amended— (1)in paragraph (13), by striking ; and at the end and inserting a semicolon;
 (2)in paragraph (14), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following:

 (15)the term data means recorded information, regardless of form or the media on which the data is recorded; (16)the term data asset means a collection of data elements or data sets that may be grouped together;
 (17)the term Enterprise Data Inventory means the data inventory developed and maintained pursuant to section 3523; (18)the term machine-readable means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost;
 (19)the term metadata means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions;
 (20)the term nonpublic data asset— (A)means a data asset that may not be made available to the public for privacy, security, confidentiality, regulation, or other reasons as determined by law; and
 (B)includes data provided by contractors that is protected by contract, license, patent, trademark, copyright, confidentiality, regulation, or other restriction;
 (21)the term open format means a technical format based on an underlying open standard that is— (A)not encumbered by restrictions that would impede use or reuse; and
 (B)based on an underlying open standard that is maintained by a standards organization; (22)the term open Government data means a Federal Government public data asset that is—
 (A)machine-readable; (B)available in an open format; and
 (C)part of the worldwide public domain or, if necessary, published with an open license; (23)the term open license means a legal guarantee applied to a data asset that is made available to the public that such data asset is made available—
 (A)at no cost to the public; and (B)with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting; and
 (24)the term public data asset means a collection of data elements or a data set maintained by the Government that— (A)may be released; or
 (B)has been released to the public in an open format and is discoverable through a search of Data.gov.. 5.Requirement for making open and machine-readable the default for Government data (a)AmendmentSubchapter I of chapter 35 of title 44, United States Code, is amended by adding at the end the following:

					3522.Requirements for Government data
 (a)Machine-Readable data requiredGovernment data assets made available by an agency shall be published as machine-readable data. (b)Open by defaultWhen not otherwise prohibited by law, and to the extent practicable, Government data assets shall—
 (1)be available in an open format; and (2)be available under open licenses.
 (c)Open license or worldwide public domain dedication requiredWhen not otherwise prohibited by law, and to the extent practicable, Government data assets published by or for an agency shall be made available under an open license or, if not made available under an open license and appropriately released, shall be considered to be published as part of the worldwide public domain.
 (d)InnovationEach agency may engage with nongovernmental organizations, citizens, non-profit organizations, colleges and universities, private and public companies, and other agencies to explore opportunities to leverage the agency’s public data asset in a manner that may provide new opportunities for innovation in the public and private sectors in accordance with law and regulation..
 (b)Technical and conforming amendmentThe table of sections for subchapter I of chapter 35 of title 44, United States Code, is amended by inserting after the item relating to section 3521 the following:
				3522. Requirements for Government data..
 (c)Effective dateNotwithstanding section 11, the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act and shall apply with respect to any contract entered into by an agency on or after such effective date.
 (d)Use of open data assetsNot later than 1 year after the date of enactment of this Act, the head of each agency shall ensure that any activities by the agency or any new contract entered into by the agency meet the requirements of section 3522 of title 44, United States Code, as added by subsection (a).
			6.Responsibilities of the Office of Electronic Government
 (a)Coordination of Federal information resources management policySection 3503 of title 44, United States Code, is amended by adding at the end the following:  (c)Coordination of Federal information resources management policyThe Federal Chief Information Officer shall work in coordination with the Administrator of the Office of Information and Regulatory Affairs and with the heads of other offices within the Office of Management and Budget to oversee and advise the Director on Federal information resources management policy..
 (b)Authority and functions of DirectorSection 3504(h) of title 44, United States Code, is amended— (1)in paragraph (1), by inserting , the Federal Chief Information Officer, after the Director of the National Institute of Standards and Technology;
 (2)in paragraph (4)— (A)in subparagraph (A), by striking ; and and inserting a semicolon; and
 (B)by adding at the end the following:  (C)oversee the completeness of the Enterprise Data Inventory and the extent to which the agency is making all data collected and generated by the agency available to the public in accordance with section 3523;;
 (3)in paragraph (5), by striking the period at the end and inserting ; and; and (4)by adding at the end the following:

 (6)coordinate the development and review of Federal information resources management policy by the Administrator of the Office of Information and Regulatory Affairs and the Federal Chief Information Officer..
				(c)Change of name of the Office of Electronic Government
 (1)DefinitionsSection 3601 of title 44, United States Code, is amended— (A)by striking paragraph (1);
 (B)by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and (C)by inserting after paragraph (3), as so redesignated, the following:

 (4)Federal Chief Information Officer means the Federal Chief Information Officer of the Office of the Federal Chief Information Officer established under section 3602;.
 (2)Office of the Federal Chief Information OfficerSection 3602 of title 44, United States Code, is amended— (A)in the heading, by striking Electronic Government and inserting the Federal Chief Information Officer;
 (B)in subsection (a), by striking Office of Electronic Government and inserting Office of the Federal Chief Information Officer; (C)in subsection (b), by striking an Administrator and inserting a Federal Chief Information Officer;
 (D)in subsection (c), by striking The Administrator and inserting The Federal Chief Information Officer; (E)in subsection (d), by striking The Administrator and inserting The Federal Chief Information Officer;
 (F)in subsection (e), by striking The Administrator and inserting The Federal Chief Information Officer; (G)in subsection (f)—
 (i)in the matter preceding paragraph (1), by striking the Administrator shall and inserting the Federal Chief Information Officer shall; and (ii)in paragraph (16), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer; and
 (H)in subsection (g), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer. (3)Chief Information Officers CouncilSection 3603 of title 44, United States Code, is amended—
 (A)in subsection (b)(2), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer; (B)in subsection (c)(1), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer; and
 (C)in subsection (f)(3), by striking the Administrator and inserting the Federal Chief Information Officer. (4)E–Government fundSection 3604 of title 44, United States Code, is amended—
 (A)in subsection (a)(2), by striking the Administrator of the Office of Electronic Government and inserting the Federal Chief Information Officer; (B)in subsection (b), by striking Administrator each place it appears and inserting Federal Chief Information Officer; and
 (C)in subsection (c), by striking the Administrator and inserting the Federal Chief Information Officer. (5)Program to encourage innovative solutions to enhance electronic Government services and processesSection 3605 of title 44, United States Code, is amended—
 (A)in subsection (a), by striking The Administrator and inserting The Federal Chief Information Officer; (B)in subsection (b), by striking , the Administrator, and inserting , the Federal Chief Information Officer,; and
 (C)in subsection (c)— (i)in paragraph (1)—
 (I)by striking The Administrator and inserting The Federal Chief Information Officer; and (II)by striking proposals submitted to the Administrator and inserting proposals submitted to the Federal Chief Information Officer;
 (ii)in paragraph (2), by striking the Administrator and inserting the Federal Chief Information Officer; and (iii)in paragraph (4), by striking the Administrator and inserting the Federal Chief Information Officer.
						(6)Technical and conforming amendments
 (A)Table of sectionsThe table of sections for chapter 36 of title 44, United States Code, is amended by striking the item relating to section 3602 and inserting the following:
						3602. Office of the Federal Chief Information Officer..
 (B)Positions at level IIISection 5314 of title 5, United States Code, is amended by striking Administrator of the Office of Electronic Government and inserting Federal Chief Information Officer. (C)Office of Electronic GovernmentSection 507 of title 31, United States Code, is amended by striking The Office of Electronic Government and inserting The Office of the Federal Chief Information Officer.
 (D)Electronic Government and information technologiesSection 305 of title 40, United States Code, is amended by striking Administrator of the Office of Electronic Government and inserting Federal Chief Information Officer. (E)Capital planning and investment controlSection 11302(c)(4) of title 40, United States Code, is amended by striking Administrator of the Office of Electronic Government each place it appears and inserting Federal Chief Information Officer.
 (F)Resources, planning, and portfolio managementThe second subsection (c) of section 11319 of title 40, United States Code, is amended by striking Administrator of the Office of Electronic Government each place it appears and inserting Federal Chief Information Officer. (G)Additional technical and conforming amendments (i)Section 2222(i)(6) of title 10, United States Code, is amended by striking section 3601(4) and inserting section 3601(3).
 (ii)Section 506D(k)(1) of the National Security Act of 1947 (50 U.S.C. 3100(k)(1)) is amended by striking section 3601(4) and inserting section 3601(3).
 (7)Rule of constructionThe amendments made by this subsection are for the purpose of changing the name of the Office of Electronic Government and the Administrator of such office and shall not be construed to affect any of the substantive provisions of the provisions amended or to require a new appointment by the President.
				7.Data inventory and planning
			(a)Enterprise data inventory
 (1)AmendmentSubchapter I of chapter 35 of title 44, United States Code, as amended by section 5, is amended by adding at the end the following:

						3523.Enterprise data inventory
							(a)Agency data inventory required
 (1)In generalIn order to develop a clear and comprehensive understanding of the data assets in the possession of an agency, the head of each agency, in consultation with the Director of the Office of Management and Budget, shall develop and maintain an enterprise data inventory (in this section referred to as the Enterprise Data Inventory) that accounts for any data asset created, collected, under the control or direction of, or maintained by the agency after the effective date of this section, with the ultimate goal of including all data assets, to the extent practicable.
 (2)ContentsThe Enterprise Data Inventory shall include each of the following: (A)Data assets used in agency information systems, including program administration, statistical, and financial activity.
 (B)Data assets shared or maintained across agency programs and bureaus. (C)Data assets that are shared among agencies or created by more than 1 agency.
 (D)A clear indication of all data assets that can be made publicly available under section 552 of title 5 (commonly referred to as the Freedom of Information Act).
 (E)A description of whether the agency has determined that an individual data asset may be made publicly available and whether the data asset is currently available to the public.
 (F)Non-public data assets. (G)Government data assets generated by applications, devices, networks, and equipment, categorized by source type.
 (b)Public availabilityThe Chief Information Officer of each agency shall use the guidance provided by the Director issued pursuant to section 3504(a)(1)(C)(ii) to make public data assets included in the Enterprise Data Inventory publicly available in an open format and under an open license.
 (c)Non-Public DataNon-public data included in the Enterprise Data Inventory may be maintained in a non-public section of the inventory.
 (d)Availability of Enterprise Data InventoryThe Chief Information Officer of each agency— (1)shall make the Enterprise Data Inventory available to the public on Data.gov;
 (2)shall ensure that access to the Enterprise Data Inventory and the data contained therein is consistent with applicable law and regulation; and
 (3)may implement paragraph (1) in a manner that maintains a non-public portion of the Enterprise Data Inventory.
 (e)Regular updates requiredThe Chief Information Officer of each agency shall— (1)to the extent practicable, complete the Enterprise Data Inventory for the agency not later than 1 year after the date of enactment of this section; and
 (2)add additional data assets to the Enterprise Data Inventory for the agency not later than 90 days after the date on which the data asset is created or identified.
 (f)Use of existing resourcesWhen practicable, the Chief Information Officer of each agency shall use existing procedures and systems to compile and publish the Enterprise Data Inventory for the agency..
 (2)Technical and conforming amendmentThe table of sections for subchapter I of chapter 35 of title 44, United States Code, as amended by section 5, is amended by inserting after the item relating to section 3522 the following:
					3523. Enterprise data inventory..
 (b)Standards for enterprise data inventorySection 3504(a)(1) of title 44, United States Code, is amended— (1)in subparagraph (A), by striking ; and and inserting a semicolon;
 (2)in subparagraph (B)(vi), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (C)issue standards for the Enterprise Data Inventory described in section 3523, including— (i)a requirement that the Enterprise Data Inventory include a compilation of metadata about agency data assets; and
 (ii)criteria that the head of each agency shall use in determining whether to make a particular data asset publicly available in a manner that takes into account—
 (I)the expectation of confidentiality associated with an individual data asset; (II)security considerations, including the risk that information in an individual data asset in isolation does not pose a security risk but when combined with other available information may pose such a risk;
 (III)the cost and value to the public of converting the data into a manner that could be understood and used by the public;
 (IV)the expectation that all data assets that would otherwise be made available under section 552 of title 5 (commonly referred to as the Freedom of Information Act) be disclosed; and
 (V)any other considerations that the Director determines to be relevant.. (c)Federal agency responsibilitiesSection 3506 of title 44, United States Code, is amended—
 (1)in subsection (b)— (A)in paragraph (1)(C), by striking security; and inserting the following:

 security by—(i)using open format for any new Government data asset created or obtained on the date that is 1 year after the date of enactment of this clause; and
 (ii)to the extent practicable, encouraging the adoption of open form for all open Government data created or obtained before the date of enactment of this clause;.
 (B)in paragraph (4), by striking subchapter; and and inserting subchapter and a review of each agency’s Enterprise Data Inventory described in section 3523;; (C)in paragraph (5), by striking the period at the end and inserting ; and; and
 (D)by adding at the end the following:  (6)in consultation with the Director, develop an open data plan as a part of the requirement for a strategic information resources management plan described in paragraph (2) that, at a minimum and to the extent practicable—
 (A)requires the agency to develop processes and procedures that— (i)require each new data collection mechanism to use an open format; and
 (ii)allow the agency to collaborate with non-Government entities, researchers, businesses, and private citizens for the purpose of understanding how data users value and use open Government data;
 (B)identifies and implements methods for collecting and analyzing digital information on data asset usage by users within and outside of the agency, including designating a point of contact within the agency to assist the public and to respond to quality issues, usability, recommendations for improvements, and complaints about adherence to open data requirements in accordance with subsection (d)(2);
 (C)develops and implements a process to evaluate and improve the timeliness, completeness, accuracy, usefulness, and availability of open Government data;
 (D)requires the agency to update the plan at an interval determined by the Director; (E)includes requirements for meeting the goals of the agency open data plan including technology, training for employees, and implementing procurement standards, in accordance with existing law, that allow for the acquisition of innovative solutions from the public and private sector; and
 (F)prohibits the dissemination and accidental disclosure of nonpublic data assets.; (2)in subsection (c), by striking With respect to and inserting Except as provided under subsection (j), with respect to;
 (3)in subsection (d)— (A)in the matter preceding paragraph (1), by striking shall;
 (B)in paragraph (1)— (i)in the matter preceding subparagraph (A), by inserting shall before ensure;
 (ii)in subparagraph (A), by striking sources and inserting sources and uses; and (iii)in subparagraph (C), by inserting , including providing access to open Government data online after economical manner;
 (C)in paragraph (2), by inserting shall before regularly; (D)in paragraph (3)—
 (i)by inserting shall before provide; and (ii)by striking ; and and inserting a semicolon;
 (E)in paragraph (4)— (i)in the matter preceding subparagraph (A), by inserting may before not; and
 (ii)by striking the period at the end and inserting a semicolon; and (F)by adding at the end the following:

 (5)shall take the necessary precautions to ensure that the agency maintains the production and publication of data assets which are directly related to activities that protect the safety of human life or property, as identified by the open data plan of the agency required by subsection (b)(6); and
 (6)may engage the public in using open Government data and encourage collaboration by— (A)publishing information on open Government data usage in regular, timely intervals, but not less than annually;
 (B)receiving public input regarding priorities for the analysis and disclosure of data assets to be published;
 (C)assisting civil society groups and members of the public working to expand the use of open Government data; and
 (D)hosting challenges, competitions, events, or other initiatives designed to create additional value from open Government data.; and
 (4)by adding at the end the following:  (j)Collection of information exceptionNotwithstanding subsection (c), an agency is not required to meet the requirements of paragraphs (2) and (3) of such subsection if—
 (1)the waiver of those requirements is approved by the head of the agency; (2)the collection of information is—
 (A)online and electronic; (B)voluntary and there is no perceived or actual tangible benefit to the provider of the information;
 (C)of an extremely low burden that is typically completed in 5 minutes or less; and (D)focused on gathering input about the performance of, or public satisfaction with, an agency providing service; and
 (3)the agency publishes representative summaries of the collection of information under subsection (c)..
 (d)RepositoryThe Director of the Office of Management and Budget shall collaborate with the Office of Government Information Services and the Administrator of General Services to develop and maintain an online repository of tools, best practices, and schema standards to facilitate the adoption of open data practices. The repository shall—
 (1)include definitions, regulation and policy, checklists, and case studies related to open data, this Act, and the amendments made by this Act; and
 (2)facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices.
 (e)Systematic agency review of operationsSection 305 of title 5, United States Code, is amended— (1)in subsection (b), by adding at the end the following: To the extent practicable, each agency shall use existing data to support such reviews if the data is accurate and complete.;
 (2)in subsection (c)— (A)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
 (B)by inserting after paragraph (1) the following:  (2)determining the status of achieving the mission, goals, and objectives of the agency as described in the strategic plan of the agency published pursuant to section 306;; and
 (3)by adding at the end the following:  (d)Open data compliance reportNot later than 1 year after the date of enactment of this subsection, and every 2 years thereafter, the Director of the Office of Management and Budget shall electronically publish a report on agency performance and compliance with the Open, Public, Electronic, and Necessary Government Data Act and the amendments made by that Act..
 (f)GAO reportNot later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report that identifies—
 (1)the value of information made available to the public as a result of this Act and the amendments made by this Act;
 (2)whether it is valuable to expand the publicly available information to any other data assets; and (3)the completeness of the Enterprise Data Inventory at each agency required under section 3523 of title 44, United States Code, as added by this section.
				8.Technology portal
 (a)AmendmentSubchapter I of chapter 35 of title 44, United States Code, is amended by inserting after section 3511 the following:

					3511A.Technology portal
 (a)Data.gov requiredThe Administrator of General Services shall maintain a single public interface online as a point of entry dedicated to sharing open Government data with the public.
 (b)Coordination with agenciesThe Director of the Office of Management and Budget shall determine, after consultation with the head of each agency and the Administrator of General Services, the method to access any open Government data published through the interface described in subsection (a)..
 (b)Technical and conforming amendmentThe table of sections for subchapter I of chapter 35 of title 44, United States Code, as amended by this Act, is amended by inserting after the item relating to section 3511 the following:
				3511A. Technology portal..
 (c)DeadlineNot later than 180 days after the date of enactment of this Act, the Administrator of General Services shall meet the requirements of section 3511A(a) of title 44, United States Code, as added by subsection (a).
			9.Enhanced responsibilities for chief information officers and chief information officers council
			 duties
			(a)Agency chief information officer general responsibilities
 (1)General responsibilitiesSection 11315(b) of title 40, United States Code, is amended— (A)in paragraph (2), by striking ; and and inserting a semicolon;
 (B)in paragraph (3), by striking the period at the end and inserting a semicolon; and (C)by adding at the end the following:

 (4)data asset management, format standardization, sharing of data assets, and publication of data assets;
 (5)the compilation and publication of the Enterprise Data Inventory for the agency required under section 3523 of title 44;
 (6)ensuring that agency data conforms with open data best practices; (7)ensuring compliance with the requirements of subsections (b), (c), (d), and (f) of section 3506 of title 44;
 (8)engaging agency employees, the public, and contractors in using open Government data and encourage collaborative approaches to improving data use;
 (9)supporting the agency Performance Improvement Officer in generating data to support the function of the Performance Improvement Officer described in section 1124(a)(2) of title 31;
 (10)reviewing the information technology infrastructure of the agency and the impact of such infrastructure on making data assets accessible to reduce barriers that inhibit data asset accessibility;
 (11)ensuring that, to the extent practicable, the agency is maximizing its own use of data, including data generated by applications, devices, networks, and equipment owned by the Government and such use is not otherwise prohibited, to reduce costs, improve operations, and strengthen security and privacy protections; and
 (12)identifying points of contact for roles and responsibilities related to open data use and implementation as required by the Director of the Office of Management and Budget..
 (2)Additional definitionsSection 11315 of title 40, United States Code, is amended by adding at the end the following:  (d)Additional definitionsIn this section, the terms data, data asset, Enterprise Data Inventory, and open Government data have the meanings given those terms in section 3502 of title 44..
 (b)AmendmentSection 3603(f) of title 44, United States Code, is amended by adding at the end the following:  (8)Work with the Office of Government Information Services and the Director of the Office of Science and Technology Policy to promote data interoperability and comparability of data assets across the Government..
			10.Evaluation of agency analytical capabilities
 (a)Agency review of evaluation and analysis capabilities; reportNot later than 3 years after the date of enactment of this Act, the Chief Operating Officer of each agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Director of the Office of Management and Budget a report on the review described in subsection (b).
 (b)Requirements of agency reviewThe report required under subsection (a) shall assess the coverage, quality, methods, effectiveness, and independence of the agency’s evaluation research and analysis efforts, including each of the following:
 (1)A list of the activities and operations of the agency that are being evaluated and analyzed and the activities and operations that have been evaluated and analyzed during the previous 5 years.
 (2)The extent to which the evaluations research and analysis efforts and related activities of the agency support the needs of various divisions within the agency.
 (3)The extent to which the evaluation research and analysis efforts and related activities of the agency address an appropriate balance between needs related to organizational learning, ongoing program management, performance management, strategic management, interagency and private sector coordination, internal and external oversight, and accountability.
 (4)The extent to which the agency uses methods and combinations of methods that are appropriate to agency divisions and the corresponding research questions being addressed, including an appropriate combination of formative and summative evaluation research and analysis approaches.
 (5)The extent to which evaluation and research capacity is present within the agency to include personnel, agency process for planning and implementing evaluation activities, disseminating best practices and findings, and incorporating employee views and feedback.
 (6)The extent to which the agency has the capacity to assist front-line staff and program offices to develop the capacity to use evaluation research and analysis approaches and data in the day-to-day operations.
 (c)GAO review of agency reportsNot later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that summarizes agency findings and highlights trends from the reports submitted pursuant to subsection (a) and, if appropriate, recommends actions to further improve agency capacity to use evaluation techniques and data to support evaluation efforts.
 11.Effective dateThis Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act.Passed the Senate December 10 (legislative day, December 9), 2016.Secretary


115 S2600 IS: Tanning Tax Repeal Act of 2018
U.S. Senate
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.

II115th CONGRESS2d SessionS. 2600IN THE SENATE OF THE UNITED STATESMarch 22, 2018Mr. Paul (for himself and Ms. Heitkamp) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to repeal the excise tax on indoor tanning services.

 1.Short titleThis Act may be cited as the Tanning Tax Repeal Act of 2018. 2.Repeal of excise tax on indoor tanning services (a)In generalSubtitle D of the Internal Revenue Code of 1986 is amended by striking chapter 49 and by striking the item relating to such chapter in the table of chapters of such subtitle.
 (b)Effective dateThe amendments made by this section shall apply to services performed after the date of the enactment of this Act.


		IV
		112th CONGRESS
		1st Session
		H. RES. 158
		IN THE HOUSE OF REPRESENTATIVES

			March 9, 2011
			Mr. Israel submitted
			 the following resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		RESOLUTION
		Expressing support for the goals and ideals
		  of National Patient Safety Awareness Week.

		Whereas patient safety is the freedom from accidental
			 injury due to medical care or medical errors and is vital to high quality
			 medical care;
		Whereas the landmark 1999 Institute of Medicine study
			 To Err is Human helped launch the patient safety movement by
			 reporting that medical errors lead to the deaths of as many as 98,000 people
			 each year and that medical errors relating to hospitalization cost between
			 $17,000,000,000 and $29,000,000,000 annually;
		Whereas the Nation has made important progress in raising
			 patient safety awareness since the release of such study, including developing
			 reporting systems and establishing national data collection standards;
		Whereas the National Patient Safety Foundation has
			 recognized, endorsed, and encouraged the celebration of Patient Safety
			 Awareness Week since the week was first established in 2002, to bring attention
			 to the issue of medical error and to engage providers, patients, and
			 communities in efforts to improve the safety of healthcare in America;
		Whereas, each year since 2003, the Agency for Healthcare
			 Research and Quality has published the National Healthcare Quality Report built
			 on more than 200 measures categorized across four dimensions of quality,
			 including patient safety;
		Whereas, in 2004, the World Health Organization formed the
			 World Alliance for Patient Safety which aims to coordinate, disseminate, and
			 accelerate improvements in patient safety worldwide;
		Whereas the Patient Safety and Quality Improvement Act was
			 signed into law on July 29, 2005, to improve patient safety by encouraging
			 voluntary and confidential reporting of events that adversely affect
			 patients;
		Whereas there are now 80 Patient Safety Organizations
			 nationwide listed by the Department of Health and Human Services;
		Whereas the number of States with medical error reporting
			 systems has nearly doubled since 2000, with 27 States now requiring hospitals
			 to report the occurrence of never events, or those adverse
			 events that are serious and largely preventable;
		Whereas the Centers for Medicare and Medicaid initiated
			 its hospital-acquired condition policy in 2008, refusing to cover the costs of
			 conditions that were acquired in the hospital and that could reasonably have
			 been prevented, marking the first use of the payment system to promote patient
			 safety;
		Whereas the goal of patient safety is yet to be fully
			 achieved, and still merits urgent attention, according to the
			 2009 National Healthcare Quality Report;
		Whereas the 2008 National Healthcare Quality Report found
			 that approximately 1 out of 7 adult hospitalized Medicare patients experienced
			 1 or more adverse events;
		Whereas infections acquired during hospital care are
			 serious patient safety concerns, and among the most common complications of
			 hospital care;
		Whereas research has demonstrated that hospital-acquired
			 infections and medical errors can be reduced and that lives can be saved
			 through the appropriate timing of antibiotic delivery among surgical patients,
			 the proper placement of central venous catheters, the establishment of a
			 culture of safety, and other practical interventions, such as the use of
			 checklists;
		Whereas healthcare providers are committed to a
			 collaborative, meaningful, long-term approach to ensure greater patient safety
			 in the delivery of healthcare in our Nation and to continually advancing
			 efforts to improve patient safety through the development and promotion of
			 communication tools for safer healthcare and the use of quality measures based
			 on evidence-based guidelines;
		Whereas the goals and ideals of Patient Safety Awareness
			 Week are to focus attention on the need to improve the safety of medical care,
			 recognize the safety innovations generated by frontline medical staff,
			 celebrate patient safety successes, encourage the medical community to adopt
			 best practices that increase patient safety, encourage patients to learn
			 approaches to improve the safety of their healthcare, promote research to
			 identify effective solutions to patient safety-related problems, and to
			 acknowledge those individuals who have dedicated their time and talent to help
			 promote patient safety; and
		Whereas the patient safety community recognizes and
			 celebrates National Patient Safety Awareness Week during the second week in
			 March every calendar year: Now, therefore, be it

		That the House of Representatives—
			(1)supports the goals
			 and ideals of National Patient Safety Awareness Week;
			(2)encourages the
			 President to issue a proclamation in support of the goals and ideals of
			 National Patient Safety Awareness Week;
			(3)encourages States,
			 localities territories, and possessions of the United States to support the
			 goals and ideals of National Patient Safety Awareness Week by issuing
			 proclamations designating National Patient Safety Awareness Week;
			(4)encourages the continuation and
			 acceleration of private sector efforts to take immediate steps to improve
			 patient safety and recognizes the need for action in the public sector to
			 complement these efforts; and
			(5)recognizes and
			 reaffirms the Nation’s commitment to promoting patient safety through education
			 programs, supporting research, and expanding access to safe medical
			 treatment.


		II
		112th CONGRESS
		2d Session
		S. 2236
		IN THE SENATE OF THE UNITED STATES

			March 26, 2012
			Mr. Bennet (for himself,
			 Mr. Hatch, and Mr. Burr) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Health, Education, Labor, and Pensions

		A BILL
		To provide for the expedited development and evaluation
		  of drugs designated as breakthrough drugs.

		1.Short
			 titleThis Act may be cited as
			 the Advancing Breakthrough Therapies
			 for Patients Act of 2012.
		2.Breakthrough
			 therapies and fast track products
			(a)In
			 generalSection 506 of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended—
				(1)in the heading,
			 by inserting Breakthrough
			 therapies and before Fast;
				(2)by redesignating
			 subsections (a) through (d) as subsections (b) through (e),
			 respectively;
				(3)by inserting
			 before subsection (b), as so redesignated, the following:

						(a)Designation of
				a drug as a breakthrough therapy
							(1)In
				generalThe Secretary shall, at the request of the sponsor of a
				drug, expedite the development and review of such drug if the drug is intended,
				alone or in combination with 1 or more other drugs, to treat a serious or
				life-threatening disease or condition and preliminary clinical evidence
				indicates that the drug may demonstrate substantial improvement over existing
				therapies on 1 or more clinically significant endpoints (such as substantial
				treatment effects observed early in clinical development). (In this section,
				such a drug is referred to as a breakthrough therapy.)
							(2)Request for
				designationThe sponsor of a drug may request the Secretary to
				designate the drug as a breakthrough therapy. A request for the designation may
				be made concurrently with, or at any time after, the submission of an
				application for the investigation of the drug under section 505(i) or section
				351(a)(3) of the Public Health Service Act.
							(3)Designation
								(A)In
				generalNot later than 60 calendar days after the receipt of a
				request under paragraph (2), the Secretary shall determine whether the drug
				that is the subject of the request meets the criteria described in paragraph
				(1). If the Secretary finds that the drug meets the criteria, the Secretary
				shall designate the drug as a breakthrough therapy and shall take such actions
				as are appropriate to expedite the development and review of the application
				for approval of such drug.
								(B)ActionsThe
				actions to expedite the development and review of an application under
				subparagraph (A) shall include—
									(i)holding meetings
				with the sponsor and the review team throughout the development of the
				drug;
									(ii)providing timely
				advice to the sponsor regarding the development of the drug to ensure that the
				development program to gather the non-clinical and clinical data necessary for
				approval is as efficient as practicable;
									(iii)involving
				senior managers and experienced review staff, as appropriate, in a
				collaborative, cross-disciplinary review;
									(iv)providing timely
				interactive communication with sponsors;
									(v)assigning a
				cross-disciplinary project lead for the Food and Drug Administration review
				team to facilitate an efficient review of the development program and to serve
				as a scientific liaison between the review team and the sponsor; and
									(vi)taking steps to
				ensure that the design of the clinical trials is as efficient as practicable,
				when scientifically appropriate, such as by minimizing the number of patients
				enrolled in the trial and the duration of the trial and considering
				alternatives to the traditional multi-phase, sequential development approach,
				designed to abbreviate, consolidate, and condense clinical trials and
				studies.
									;
				(4)in subsection
			 (e)(1), as so redesignated, by inserting breakthrough therapies
			 and after applicable to; and
				(5)by adding at the
			 end the following:

						(f)Guidance;
				amended regulations
							(1)In
				general
								(A)GuidanceNot
				later than 18 months after the date of enactment of the
				Advancing Breakthrough Therapies for Patients
				Act of 2012, the Secretary shall issue draft guidance on
				implementing the requirements with respect to breakthrough therapies,
				accelerated approval, and fast track products as set forth in subsections (a)
				through (c), as amended by the Advancing
				Breakthrough Therapies for Patients Act of 2012. After an
				opportunity for public comment and not later than 2 years after the date of
				enactment of the Advancing Breakthrough
				Therapies for Patients Act of 2012, the Secretary shall issue
				final guidance.
								(B)Amended
				regulationsNot later than 2 years after the date of enactment of
				the Advancing Breakthrough Therapies for
				Patients Act of 2012, the Secretary shall amend the applicable
				regulations under title 21, Code of Federal Regulations, as may be necessary to
				implement the requirements under subsections (a) through (c), as amended by the
				Advancing Breakthrough Therapies for Patients
				Act of 2012.
								(2)RequirementsGuidance
				and regulations promulgated under this section shall—
								(A)distinguish
				between products that may qualify for—
									(i)treatment as a
				breakthrough therapy;
									(ii)treatment as a
				fast track product;
									(iii)accelerated
				approval; and
									(iv)a combination of
				all of the designations described in clauses (i) through (iii); and
									(B)specify the
				actions the Secretary shall take to expedite the development and review of a
				breakthrough therapy pursuant to such designation under 506(a)(3), including
				updating good review management practices to reflect breakthrough
				therapies.
								(g)Independent
				reviewNot later than 3 years after the date of enactment of this
				Act, the Secretary shall, in conjunction with other planned reviews, contract
				with an independent entity with expertise in assessing the quality, efficiency,
				and predictability of biopharmaceutical development and regulatory review
				programs to evaluate the manner by which the Food and Drug Administration has
				applied the processes described in the section, as amended by the
				Advancing Breakthrough Therapies for Patients
				Act of 2012, and the impact of such processes on the development
				and timely availability of innovative treatments for patients affected by
				serious or life-threatening conditions. Such evaluation shall be completed not
				later than 4 years after the date of enactment of the
				Advancing Breakthrough Therapies for Patients
				Act of 2012 and shall be made publicly available upon
				completion.
						(h)ReportBeginning
				in fiscal year 2013, the Secretary shall annually prepare and submit to the
				Committee on Health, Education, Labor, and Pensions of the Senate and the
				Committee on Energy and Commerce of the House of Representatives, and make
				publicly available, with respect to this section for the previous fiscal
				year—
							(1)the number of
				drugs for which a sponsor requested designation as a breakthrough
				therapy;
							(2)the number of
				products designated as a breakthrough therapy; and
							(3)for each
				breakthrough therapy approved in the fiscal year—
								(A)the point in the
				drug development and review process at which such breakthrough designation
				occurred;
								(B)the total time
				from designation as a breakthrough therapy, including the total time to review
				and act on an application designated as a breakthrough therapy, to approval of
				the drug; and
								(C)the number of
				breakthrough therapies approved on the first review out of the total number of
				such therapies so
				approved.
								.
				(b)Conforming
			 amendmentsSection 506B(e) of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 356b) is amended by striking section
			 506(b)(2)(A) each place such term appears and inserting section
			 506(c)(2)(A).


116 S1269 IS: Maritime Security And Fisheries Enforcement Act
U.S. Senate
2019-05-01
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.

II116th CONGRESS1st SessionS. 1269IN THE SENATE OF THE UNITED STATESMay 1, 2019Mr. Wicker (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo address the threat to national security from illegal, unreported, and unregulated fishing and
			 associated illegal activity, to prevent the illegal trade of seafood and
			 seafood products, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Maritime Security And Fisheries Enforcement Act or the Maritime SAFE Act.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Purposes. Sec. 5. Statement of policy. TITLE I—Programs to combat IUU fishing and increase maritime security Sec. 101. Coordination with international organizations. Sec. 102. Engagement of diplomatic missions of the United States. Sec. 103. Assistance by Federal agencies to improve law enforcement within priority regions and priority flag states. Sec. 104. Expansion of existing mechanisms to combat IUU fishing. Sec. 105. Improvement of transparency and traceability programs. Sec. 106. Technology programs. Sec. 107. Information sharing. TITLE II—Establishment of Interagency Working Group on IUU Fishing and Seafood Fraud  Sec. 201. Interagency Working Group on IUU Fishing and Seafood Fraud. Sec. 202. Strategic plan. Sec. 203. Reports. Sec. 204. Gulf of Mexico IUU Fishing Subworking Group. TITLE III—Combating human trafficking in connection with the catching and processing of seafood products Sec. 301. Finding. Sec. 302. Adding the Secretary of Commerce to the Interagency Task Force to Monitor and Combat Trafficking. Sec. 303. Human trafficking in the seafood supply chain report. TITLE IV—Authorization of appropriations Sec. 401. Authorization of appropriations.  2.DefinitionsIn this Act:
 (1)AISThe term AIS means Automatic Identification System (as defined in section 164.46 of title 33, Code of Federal Regulations, or a similar successor regulation).
 (2)Combined maritime forcesThe term Combined Maritime Forces means the 33-nation naval partnership, originally established in February 2002, which promotes security, stability, and prosperity across approximately 3,200,000 square miles of international waters.
			(3)Exclusive economic zone
 (A)In generalUnless otherwise specified by the President as being in the public interest in a writing published in the Federal Register, the term exclusive economic zone means—
 (i)the area within a zone established by a maritime boundary that has been established by a treaty in force or a treaty that is being provisionally applied by the United States; or
 (ii)in the absence of a treaty described in clause (i)— (I)a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or
 (II)if the distance between the United States and another country is less than 400 nautical miles, a zone, the outer boundary of which is represented by a line equidistant between the United States and the other country.
 (B)Inner boundaryWithout affecting any Presidential Proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is—
 (i)in the case of coastal States, a line coterminous with the seaward boundary of each such State (as described in section 4 of the Submerged Lands Act (43 U.S.C. 1312));
 (ii)in the case of the Commonwealth of Puerto Rico, a line that is 3 marine leagues from the coastline of the Commonwealth of Puerto Rico;
 (iii)in the case of American Samoa, the United States Virgin Islands, and Guam, a line that is 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, or Guam, respectively;
 (iv)in the case of the Commonwealth of the Northern Mariana Islands— (I)the coastline of the Commonwealth of the Northern Mariana Islands, until the Commonwealth of the Northern Mariana Islands is granted authority by the United States to regulate all fishing to a line seaward of its coastline; and
 (II)upon the United States grant of the authority described in subclause (I), the line established by such grant of authority; or
 (v)for any possession of the United States not referred to in clause (ii), (iii), or (iv), the coastline of such possession.
 (C)Rule of constructionNothing in this paragraph may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency.
 (4)Food securityThe term food security means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life.
 (5)Global record of fishing vessels, refrigerated transport vessels, and supply vesselsThe term global record of fishing vessels, refrigerated transport vessels, and supply vessels means the Food and Agriculture Organization of the United Nations’ initiative to rapidly make available certified data from state authorities about vessels and vessel related activities.
 (6)IUU fishingThe term IUU fishing means illegal fishing, unreported fishing, or unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001).
 (7)Port state measures agreementThe term Port State Measures Agreement means the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing set forth by the Food and Agriculture Organization of the United Nations, done at Rome, Italy November 22, 2009, and entered into force June 5, 2016, which offers standards for reporting and inspecting fishing activities of foreign-flagged fishing vessels at port.
 (8)Priority flag stateThe term priority flag state means a country selected in accordance with section 202(b)(3)— (A)whereby the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and
 (B)that is willing, but lacks the capacity, to monitor or take effective enforcement action against its fleet.
 (9)Priority regionThe term priority region means a region selected in accordance with section 202(b)(2)— (A)that is at high risk for IUU fishing activity or the entry of illegally caught seafood into the markets of countries in the region; and
 (B)in which countries lack the capacity to fully address the illegal activity described in subparagraph (A).
 (10)Regional fisheries management organizationThe term Regional Fisheries Management Organization means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures.
 (11)SeafoodThe term seafood— (A)means marine finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, including those grown, produced, or reared through marine aquaculture operations or techniques; and
 (B)does not include marine mammals or birds. (12)Seafood fraudThe term seafood fraud means the knowing mislabeling or misrepresentation of information regarding seafood or seafood products with the intent to deceive or defraud.
 (13)Seafood traceability programThe term seafood traceability program means any program implemented by the National Oceanic and Atmospheric Administration (such as the Seafood Import Monitoring Program) that requires, with respect to seafood and seafood products imported into the United States—
 (A)permitting, data reporting, and recordkeeping to prevent illegal, unreported, unregulated, or misrepresented seafood from entering United States commerce; and
 (B)verifying the chain of custody of such seafood, from harvest to point of entry into the United States.
 (14)Transnational organized illegal activityThe term transnational organized illegal activity means criminal activity conducted by self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms.
 (15)TransshipmentThe term transshipment means the use of refrigerated vessels that— (A)collect catch from multiple fishing boats;
 (B)carry the accumulated catches back to port; and (C)deliver supplies to fishing boats, which allows fishing vessels to remain at sea for extended periods without coming into port.
 3.FindingsCongress makes the following findings: (1)In a report titled, Global Implications of Illegal, Unreported, and Unregulated (IUU) Fishing, the Office of the Director of National Intelligence identified IUU fishing as—
 (A)a threat to the national security of the United States; and (B)a challenge to peace and stability in regions of importance to the United States.
 (2)Executive Order 13773 (82 Fed. Reg. 10691), issued on February 9, 2017, calls for a comprehensive approach by the Federal Government to combat crime syndicates, including transnational organized illegal activities that may be associated with IUU fishing.
 (3)It is estimated that the value of IUU fishing may exceed $1,000,000,000 annually in unlawful or undocumented revenue and may sometimes be linked to transnational organized illegal activities, including weapons, drug, and human trafficking.
 (4)IUU fishing— (A)undermines the business of legitimate workers in the seafood industry; and
 (B)can create inaccurate population estimates for fish and other seafood species.
 (5)Marine fisheries employ millions of people worldwide, the livelihoods of whom can be negatively impacted by IUU fishing and associated transnational organized illegal activities.
 (6)IUU fishing vessels play a significant role in other forms of trafficking, particularly drug trafficking. The Department of Justice has documented numerous cases of illicit fishing ships involved in trafficking cocaine, heroin, and cannabis from South America to the United States.
 (7)By introducing cheaper, illegal products into the global market, IUU fishing undercuts the business and economic livelihoods of legitimate fishermen in the United States and around the world.
 (8)In the United States and around the world, seafood fraud undermines the economic viability of fisheries and deceives consumers about their purchasing choices.
 (9)Competition over seafood resources can lead to heightened tensions, conflict, and geostrategic instability in regions of importance to the United States.
 4.PurposesThe purposes of this Act are— (1)to support a whole-of-government approach across the Federal Government to counter IUU fishing and related threats to maritime security;
 (2)to improve data sharing that enhances surveillance, enforcement, and prosecution against IUU fishing and related activities at a global level;
 (3)to support coordination and collaboration to counter IUU fishing and seafood fraud within priority regions;
 (4)to increase and improve global transparency and traceability across the seafood supply chain as— (A)a deterrent to IUU fishing and seafood fraud;
 (B)a tool for strengthening fisheries management and food security; and (C)an approach to enhancing the implementation of United States seafood traceability programs;
 (5)to improve global enforcement operations against IUU fishing through a whole-of-government approach by the United States; and
 (6)to prevent the use of IUU fishing as a financing source for transnational organized groups that undermine United States and global security interests.
 5.Statement of policyIt is the policy of the United States— (1)to take action to curtail the global trade in seafood and seafood products derived from IUU fishing, including its links to forced labor and transnational organized illegal activity;
 (2)to develop holistic diplomatic, military, law enforcement, economic, and capacity-building tools to counter IUU fishing;
 (3)to provide technical and other forms of assistance to countries in priority regions and priority flag states to combat IUU fishing and seafood fraud, including assistance—
 (A)to increase local, national, and regional level capacities to counter IUU fishing through the engagement of law enforcement and security forces;
 (B)to enhance port capacity and security, including through support to implement the Port State Measures Agreement;
 (C)to combat corruption and increase transparency and traceability in fisheries management and trade; (D)to enhance information sharing within and across governments and multilateral organizations through the development and use of agreed standards for information sharing; and
 (E)to support effective, science-based fisheries management regimes that promote legal and safe fisheries and act as a deterrent to IUU fishing;
 (4)to promote global maritime security through improved capacity and technological assistance to support improved maritime domain awareness;
 (5)to engage with priority flag states to encourage the use of high quality vessel tracking technologies;
 (6)to engage with multilateral organizations working on fisheries issues, including Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, to combat and deter IUU fishing;
 (7)to advance information sharing across governments and multilateral organizations in areas that cross multiple jurisdictions, through the development and use of an agreed standard for information sharing;
 (8)to continue to use existing and future trade agreements to combat IUU fishing and seafood fraud; (9)to employ appropriate assets and resources of the United States Government in a coordinated manner to disrupt the illicit networks involved in IUU fishing;
 (10)to continue to declassify and make available, as appropriate and practicable, technologies developed by the United States Government that can be used to help counter IUU fishing;
 (11)to recognize the ties of IUU fishing to transnational organized illegal activity, including human trafficking and illegal trade in narcotics and arms, and as applicable, to focus on illicit activity in a coordinated, cross-cutting manner;
 (12)to recognize and respond to poor working conditions, labor abuses, and other violent crimes in the fishing industry;
 (13)to increase and improve global transparency and traceability along the seafood supply chain as— (A)a deterrent to IUU fishing and seafood fraud; and
 (B)an approach for strengthening fisheries management and food security; and (14)to promote technological investment and innovation to combat IUU fishing and seafood fraud.
			IPrograms to combat IUU fishing and increase maritime security
 101.Coordination with international organizationsThe Secretary of State, in conjunction with the Secretary of Commerce, shall coordinate with Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, and may coordinate with other relevant international governmental or nongovernmental organizations, or the private sector, as appropriate, to enhance regional responses to IUU fishing and related transnational organized illegal activities.
 102.Engagement of diplomatic missions of the United StatesNot later than 1 year after the date of the enactment of this Act, each chief of mission (as defined in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a priority region or to a priority flag state may, if the Secretary of State determines such action is appropriate—
 (1)convene a working group, led by Department of State officials, to examine IUU fishing, which may include stakeholders such as—
 (A)United States officials from relevant agencies participating in the interagency working group identified in section 201, foreign officials, nongovernmental organizations, the private sector, and representatives of local fishermen in the region; and
 (B)experts on IUU fishing, law enforcement, criminal justice, transnational organized illegal activity, defense, intelligence, vessel movement monitoring, and international development operating in or with knowledge of the region; and
 (2)designate a counter-IUU Fishing Coordinator from among existing personnel at the mission if the chief of mission determines such action is appropriate.
				103.Assistance by Federal agencies to improve law enforcement within priority regions and priority flag
			 states
 (a)In generalThe Secretary of State, in collaboration with the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating, shall provide assistance, as appropriate, in accordance with this section.
 (b)Law enforcement training and coordination activitiesThe officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to improve the effectiveness of IUU fishing enforcement, with clear and measurable targets and indicators of success, including—
 (1)by assessing and using existing resources, enforcement tools, and legal authorities to coordinate efforts to combat IUU fishing with efforts to combat other illegal trade, including weapons, drugs, and human trafficking;
 (2)by expanding existing IUU fishing enforcement training; (3)by providing targeted, country- and region-specific training on combating IUU fishing;
 (4)by supporting increased effectiveness and transparency of the fisheries enforcement sectors of the governments of such countries; and
 (5)by supporting increased outreach to stakeholders in the affected communities as key partners in combating and prosecuting IUU fishing.
 (c)Port security assistanceThe officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to help those states implement programs related to port security and capacity for the purposes of preventing IUU fishing products from entering the global seafood market, including support for implementing the Port State Measures Agreement.
 (d)Capacity building for investigations and prosecutionsThe officials referred to in subsection (a), in collaboration with the governments of countries in priority regions and of priority flag states, shall evaluate opportunities to assist those countries in designing and implementing programs in such countries, as appropriate, to increase the capacity of IUU fishing enforcement and customs and border security officers to improve their ability—
 (1)to conduct effective investigations, including using law enforcement techniques such as undercover investigations and the development of informer networks and actionable intelligence;
 (2)to conduct vessel boardings and inspections at sea and associated enforcement actions; (3)to exercise existing shiprider agreements and to enter into and implement new shiprider agreements, as appropriate;
 (4)to conduct vessel inspections at port and associated enforcement actions; (5)to assess technology needs and promote the use of technology to improve monitoring, enforcement, and prosecution of IUU fishing;
 (6)to conduct DNA-based and forensic identification of seafood used in trade; (7)to conduct training on techniques, such as collecting electronic evidence and using computer forensics, for law enforcement personnel involved in complex investigations related to international matters, financial issues, and government corruption that include IUU fishing;
 (8)to assess financial flows and the use of financial institutions to launder profits related to IUU fishing;
 (9)to conduct training on the legal mechanisms that can be used to prosecute those identified in the investigations as alleged perpetrators of IUU fishing and other associated crimes such as trafficking and forced labor; and
 (10)to conduct training to raise awareness of the use of whistleblower information and ways to incentivize whistleblowers to come forward with original information related to IUU fishing.
 (e)Capacity building for information sharingThe officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to key countries in priority regions and priority flag states in the form of training, equipment, and systems development to build capacity for information sharing related to maritime enforcement and port security.
 (f)Coordination with other relevant agenciesThe Secretary of State, in collaboration with the Secretary of the department in which the Coast Guard is operating and the Secretary of Commerce, shall coordinate with other relevant agencies, as appropriate, in accordance with this section.
				104.Expansion of existing mechanisms to combat IUU fishing
 (a)In generalThe Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating, the Secretary of Defense, the Secretary of Commerce, the Attorney General, and the heads of other appropriate Federal agencies shall assess opportunities to combat IUU fishing by expanding, as appropriate, the use of the following mechanisms:
 (1)Including counter-IUU fishing in existing shiprider agreements in which the United States is a party.
 (2)Entering into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such an agreement.
 (3)Including counter-IUU fishing as part of the mission of the Combined Maritime Forces. (4)Including counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense, in coordination with the United States Coast Guard.
 (5)Creating partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.
 (6)Creating incentives for informants. (b)Incentives for informants (1)In generalAny person who reports a violation of an IUU fishing law, rule, or regulation may apply to the Department of Justice for a reward.
					(2)Applicable procedures
 (A)In generalExcept as provided in subparagraph (B), the procedures set forth in section 7623(b) of the Internal Revenue Code of 1986 (except for paragraph (5)) shall apply to any application under paragraph (1).
						(B)Exceptions
 (i)Judicial reviewAn informant who applies for a reward under paragraph (1) may seek judicial review of a decision by the Department of Justice in the appropriate United States District Court.
 (ii)Amount of rewardProceeds payable to an informant under this subsection shall include any civil, criminal, or administrative monetary sanction paid to the Federal Government in any IUU fishing case or related action.
 (iii)Payment deadlineNot later than 90 days after the payment of the proceeds described in clause (ii), the Attorney General shall pay the informant who is eligible for a reward under this subsection.
 105.Improvement of transparency and traceability programsThe Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating, the Secretary of Commerce, and the heads of other Federal agencies, if merited, shall work, as appropriate, with priority flag states and key countries in priority regions—
 (1)to increase knowledge within such countries about the United States transparency and traceability standards for imports of seafood and seafood products;
 (2)to improve the capacity of seafood industries within such countries through information sharing and training to meet the requirements of Seafood Import Monitoring Program or similar transparency and traceability standards for seafood and seafood product imports, including catch documentation and trade tracking programs adopted by relevant regional fisheries management organizations;
 (3)to improve the capacities of government, industry, and civil society groups to develop and implement comprehensive traceability systems that—
 (A)deter IUU fishing; (B)strengthen fisheries management; and
 (C)enhance maritime domain awareness; (4)to support the implementation of seafood traceability standards in such countries to prevent IUU fishing products from entering the global seafood market and assess capacity and training needs in those countries;
 (5)to utilize harvest, landing, vessel tracking, and other relevant data that may be collected in response to requirements of seafood traceability programs—
 (A)to improve fisheries dependent data systems; and (B)to achieve sound management and conservation of fisheries resources; and
 (6)to address, as appropriate, broader underlying causes of IUU fishing, including weak policies and systems, domestic resourcing, and corruption.
 106.Technology programsThe Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating, the Secretary of Defense, the Secretary of Commerce, and the heads of other Federal agencies, as appropriate, shall pursue programs to expand the role of technology for combating IUU fishing and seafood fraud, including by—
 (1)promoting the use of technology to combat IUU fishing and seafood fraud; (2)assessing the technology needs, including vessel tracking technologies and data sharing, in priority regions and priority flag states;
 (3)engaging with priority flag states to encourage the mandated use of vessel tracking technologies, including vessel monitoring systems, AIS, or other vessel movement monitoring technologies on fishing vessels and transshipment vessels at all times, as appropriate, while at sea as a means to identify IUU fishing activities and the shipment of illegally caught fish products; and
 (4)building partnerships with the private sector, including universities, nonprofit research organizations, the seafood industry, and the technology, transportation and logistics sectors, to leverage new and existing technologies and data analytics to address IUU fishing and seafood fraud.
 107.Information sharingThe Director of National Intelligence, in conjunction with other agencies, as appropriate, shall develop an enterprise approach to appropriately share information and data within the United States Government or with other countries or nongovernmental organizations, or the private sector, as appropriate, on IUU fishing and other connected transnational organized illegal activity occurring in priority regions and elsewhere, including big data analytics and machine learning.
			IIEstablishment of Interagency Working Group on IUU Fishing and Seafood Fraud
			201.Interagency Working Group on IUU Fishing and Seafood Fraud
 (a)In generalThere is established a collaborative interagency working group on maritime security, IUU fishing, and seafood fraud (referred to in this title as the Working Group).
 (b)MembersThe members of the Working Group shall be composed of— (1)1 chair, who shall be appointed by the Commandant of the United States Coast Guard;
 (2)2 deputy chairs, who shall be appointed by their respective agency heads, from— (A)the Department of State; and
 (B)the National Oceanic and Atmospheric Administration;
 (3)12 members, who shall be appointed by their respective agency heads, from— (A)the Department of Defense;
 (B)the United States Navy; (C)the United States Agency for International Development;
 (D)the United States Fish and Wildlife Service; (E)the Department of Justice;
 (F)the Department of the Treasury; (G)U.S. Customs and Border Protection;
 (H)U.S. Immigration and Customs Enforcement; (I)the Federal Trade Commission;
 (J)the National Institute of Food and Agriculture; (K)the Food and Drug Administration; and
 (L)the Department of Labor; (4)1 or more members from the intelligence community, who shall be appointed by the Director of National Intelligence; and
 (5)5 members, who shall be appointed by the President, from— (A)the National Security Council;
 (B)the Council on Environmental Quality;
 (C)the Office of Management and Budget; (D)the Office of Science and Technology Policy; and
 (E)the Office of the United States Trade Representative.
 (c)ResponsibilitiesThe Working Group shall ensure an integrated, Federal Government-wide response to IUU fishing and seafood fraud globally, including by—
 (1)improving the coordination of Federal agencies to identify, interdict, investigate, prosecute, and dismantle IUU fishing operations and organizations perpetrating and knowingly benefitting from IUU fishing and seafood fraud in the United States and abroad;
 (2)assessing areas for increased interagency information sharing on matters related to IUU fishing and related crimes;
 (3)establishing standards for information sharing related to maritime enforcement; (4)developing a strategy to determine how military assets and intelligence can contribute to enforcement strategies to combat IUU fishing;
 (5)increasing maritime domain awareness relating to IUU fishing and related crimes and developing a strategy to leverage awareness for enhanced enforcement and prosecution actions against IUU fishing;
 (6)supporting the implementation of the Port State Measures Agreement in relevant countries and assessing the capacity and training needs in such countries;
 (7)outlining a strategy to coordinate, increase, and use shiprider agreements between the Department of Defense or the Coast Guard and relevant countries;
 (8)enhancing cooperation with partner governments to combat IUU fishing and seafood fraud; (9)identifying opportunities for increased information sharing between Federal agencies and partner governments working to combat IUU fishing and seafood fraud;
 (10)consulting and coordinating with the seafood industry and nongovernmental stakeholders that work to combat IUU fishing and seafood fraud;
 (11)supporting the work of collaborative international initiatives to make available certified data from State authorities about vessel and vessel-related activities related to IUU fishing;
 (12)supporting the identification and certification procedures to address IUU fishing in accordance with the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.); and
 (13)developing a strategy for raising domestic awareness of the issues relating to IUU fishing and seafood fraud, including publishing annual reports summarizing nonsensitive information about the Working Group’s efforts to investigate, enforce, and prosecute groups and individuals engaging in IUU fishing and seafood fraud.
					202.Strategic plan
 (a)Strategic planNot later than 2 years after the date of the enactment of this Act, the Working Group shall submit to Congress a 5-year integrated strategic plan on combating IUU fishing and enhancing maritime security, including specific strategies with monitoring benchmarks for addressing IUU fishing in priority regions.
				(b)Identification of priority regions and priority flag states
 (1)In generalThe strategic plan submitted under subsection (a) shall identify priority regions and priority flag states to be the focus of assistance coordinated by the Working Group under section 201.
 (2)Priority region selection criteriaIn selecting priority regions under paragraph (1), the Working Group shall select regions that— (A)are at high risk for IUU fishing activity or the entry of illegally caught seafood into their markets; and
 (B)lack the capacity to fully address the issues described in subparagraph (A).
 (3)Priority flag states selection criteriaIn selecting priority flag states under paragraph (1), the Working Group shall select countries— (A)the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and
 (B)that are willing, but lack the capacity, to police their fleet. 203.ReportsNot later than 5 years after the submission of the 5-year integrated strategic plan under section 202, and every 5 years thereafter, the Working Group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that contains—
 (1)a summary of global and regional trends in IUU fishing and seafood fraud; (2)an assessment of the extent of the convergence between transnational organized illegal activity, including human trafficking and forced labor, and IUU fishing;
 (3)an assessment of the topics, data sources, and strategies that would benefit from increased information sharing and recommendations regarding harmonization of data collection and sharing;
 (4)an assessment of assets, including military assets and intelligence, which can be used for either enforcement operations or strategies to combat IUU fishing;
 (5)summaries of the situational threats with respect to IUU fishing in priority regions and an assessment of the capacity of countries within such regions to respond to those threats;
 (6)an assessment of the progress of countries in priority regions in responding to those threats as a result of assistance by the United States pursuant to the strategic plan developed under section 202, including—
 (A)the identification of— (i)relevant supply routes, ports of call, methods of landing and entering illegally caught product into legal supply chains, and financial institutions used in each country by participants engaging in IUU fishing; and
 (ii)indicators of IUU fishing that are related to money laundering; (B)an assessment of the adherence of countries in priority regions to international treaties related to IUU fishing, including the Port State Measures Agreement;
 (C)an assessment of the implementation by countries in priority regions of seafood traceability or capacity to apply traceability to verify the legality of catch and strengthen fisheries management;
 (D)an assessment of the capacity of countries in priority regions to implement shiprider agreements; (E)an assessment of the capacity of countries in priority regions to increase maritime domain awareness; and
 (F)an assessment of the capacity of governments of relevant countries in priority regions to sustain the programs for which the United States has provided assistance under this Act;
 (7)an assessment of the capacity of priority flag states to track the movement of and police their fleet, prevent their flagged vessels from engaging in IUU fishing, and enforce applicable laws and regulations; and
 (8)an assessment of the extent of involvement in IUU fishing of organizations designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
				204.Gulf of Mexico IUU Fishing Subworking Group
 (a)In generalNot later than 90 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Coast Guard and the Department of State, shall establish a subworking group to address IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico.
 (b)FunctionsThe subworking group established under subsection (a) shall identify— (1)Federal actions taken and policies established during the 5-year period immediately preceding the date of the enactment of this Act with respect to IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico, including such actions and policies related to—
 (A)the surveillance, interdiction, and prosecution of any foreign nationals engaged in such fishing; and
 (B)the application of the provisions of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.) to any relevant nation, including the status of any past or ongoing consultations and certification procedures;
 (2)actions and policies, in addition to the actions and policies described in paragraph (1), each of the Federal agencies described in subsection (a) can take, using existing resources, to combat IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico; and
 (3)any additional authorities that could assist each such agency in more effectively addressing such IUU fishing.
 (c)ReportNot later than 1 year after the IUU Fishing Subworking Group is established under subsection (a), the group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives that contains—
 (1)the findings identified pursuant to subsection (b); and (2)a timeline for each of the Federal agencies described in subsection (a) to implement each action or policy identified pursuant to subsection (b)(2).
					IIICombating human trafficking in connection with the catching and processing of
			 seafood products
 301.FindingCongress finds that human trafficking is a pervasive problem in the catching and processing of certain seafood products imported into the United States, particularly seafood products obtained through illegal, unreported, and unregulated fishing.
 302.Adding the Secretary of Commerce to the Interagency Task Force to Monitor and Combat TraffickingSection 105(b) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting the Secretary of Commerce, after the Secretary of Education,.
			303.Human trafficking in the seafood supply chain report
 (a)In generalNot later than 1 year after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration and the Commissioner of the Food and Drug Administration shall jointly submit a report to Congress that describes the existence of human trafficking in the supply chains of seafood products imported into the United States.
 (b)Report elementsThe report required under subsection (a) shall include— (1)a list of the countries at risk for human trafficking in their seafood catching and processing industries, and an assessment of such risk for each listed country;
 (2)a description of the quantity and economic value of seafood products imported into the United States from the countries on the list compiled pursuant to paragraph (1);
 (3)a description and assessment of the methods, if any, in the countries on the list compiled pursuant to paragraph (1) to trace and account for the manner in which seafood is caught;
 (4)a description of domestic and international enforcement mechanisms to deter illegal practices in the catching of seafood in the countries on the list compiled pursuant to paragraph (1); and
 (5)such recommendations as the Administrator and the Commissioner jointly consider appropriate for legislative or administrative action to enhance and improve actions against human trafficking in the catching and processing of seafood products outside of United States waters.
					IVAuthorization of appropriations
 401.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out the activities required under this Act.


109 HR 6028 IH: To amend the Elementary and Secondary Education Act of

U.S. House of Representatives
2006-09-06
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
		2d Session
		H. R. 6028
		IN THE HOUSE OF REPRESENTATIVES

			September 6, 2006
			Mr. Owens introduced
			 the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to provide grants to improve the infrastructure of elementary and
		  secondary schools.

		1.Grants for school
			 infrastructure improvementThe
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6301 et seq.) is amended by adding at the end the
			 following:

				XSCHOOL
				CONSTRUCTION, MODERNIZATION, AND INFRASTRUCTURE IMPROVEMENT
					10001.FindingsThe Congress finds the following:
						(1)There are 48,400,000 students in 95,726
				elementary and secondary public schools across the United States. The current
				Federal expenditure for education infrastructure is $12,000,000. The Federal
				expenditure per enrolled student for education infrastructure is less than 25
				cents. An appropriation of $22,000,000,000 would result in a Federal
				expenditure for education infrastructure of $454 per student per fiscal
				year.
						(2)The General
				Accounting Office in 1995 reported that the Nation’s elementary and secondary
				schools need approximately $112,000,000,000 to repair or upgrade facilities.
				Increased enrollments and continued building decay has raised this need to an
				estimated $200,000,000,000. Local education agencies, particularly those in
				central cities or those with high minority populations, cannot obtain adequate
				financial resources to complete necessary repairs or construction. These local
				education agencies face an annual struggle to meet their operating
				budgets.
						(3)According to a
				1991 survey conducted by the American Association of School Administrators, 74
				percent of all public school buildings need to be replaced. Almost one-third of
				such buildings were built prior to World War II.
						(4)The majority of
				the schools in unsatisfactory condition are concentrated in central cities and
				serve large populations of poor or minority students.
						(5)In the large cities
				of America, numerous schools still have polluting coal burning furnaces.
				Decaying buildings threaten the health, safety, and learning opportunities of
				students. A growing body of research has linked student achievement and
				behavior to the physical building conditions and overcrowding. Asthma and other
				respiratory illnesses exist in above average rates in areas of coal burning
				pollution.
						(6)According to a
				study conducted by the General Accounting Office in 1995, most schools are
				unprepared in critical areas for the 21st century. Most schools do not fully
				use modern technology and lack access to the information superhighway. Schools
				in central cities and schools with minority populations above 50 percent are
				more likely to fall short of adequate technology elements and have a greater
				number of unsatisfactory environmental conditions than other schools.
						(7)School facilities
				such as libraries and science laboratories are inadequate in old buildings and
				have outdated equipment. Frequently, in overcrowded schools, these same
				facilities are utilized as classrooms for an expanding school
				population.
						(8)Overcrowded
				classrooms have a dire impact on learning. Students in overcrowded schools
				score lower on both mathematics and reading exams than do students in schools
				with adequate space. In addition, overcrowding in schools negatively affects
				both classroom activities and instructional techniques. Overcrowding also
				disrupts normal operating procedures, such as lunch periods beginning as early
				as 10 a.m. and extending into the afternoon; teachers being unable to use a
				single room for an entire day; too few lockers for students, and jammed
				hallways and restrooms which encourage disorder and rowdy behavior.
						(9)School
				modernization for information technology is an absolute necessity for education
				for a coming CyberCivilization. The General Accounting Office has reported that
				many schools are not using modern technology and many students do not have
				access to facilities that can support education into the 21st century. It is
				imperative that we now view computer literacy as basic as reading, writing, and
				arithmetic.
						(10)Both the national
				economy and national security require an investment in school construction.
				Students educated in modern, safe, and well-equipped schools will contribute to
				the continued strength of the American economy and will ensure that our Armed
				Forces are the best trained and best prepared in the world. The shortage of
				qualified information technology workers continues to escalate and presently
				many foreign workers are being recruited to staff jobs in America.
						10002.PurposeThe purpose of this title is to provide
				Federal funds to enable local educational agencies to finance the costs
				associated with the construction, repair, and modernization for information
				technology of school facilities within their jurisdictions.
					10003.Federal
				assistance in the form of grants
						(a)Authority and
				Conditions for Grants
							(1)In
				generalTo assist in the construction, reconstruction,
				renovation, or modernization for information technology of elementary and
				secondary schools, the Secretary shall make grants of funds to State
				educational agencies for the construction, reconstruction, or renovation, or
				for modernization for information technology, of such schools.
							(2)Formula for
				allocationFrom the amount appropriated under section 10006 for
				any fiscal year, the Secretary shall allocate to each State an amount that
				bears the same ratio to such appropriated amount as the number of school-age
				children in such State bears to the total number of school-age children in all
				the States. The Secretary shall determine the number of school-age children on
				the basis of the most recent satisfactory data available to the
				Secretary.
							(b)Conditions for
				Receipt of Grants
							(1)ApplicationsIn
				order to receive a grant under this title, a State shall submit to the
				Secretary an application containing or accompanied by such information and
				assurances as the Secretary may require. Such applications shall specify the
				method by which the State educational agency will allocate funds to local
				educational agencies and the procedures by which projects will be selected for
				funding. Such applications shall contain assurances that such funds will only
				be provided if the State educational agency finds that such constructions will
				be undertaken in an economical manner, and that any such construction,
				reconstruction, renovation, or modernization is not or will not be of elaborate
				or extravagant design or materials.
							(2)PrioritiesIn
				approving projects for funding under this title, the State educational agency
				shall consider—
								(A)the threat the
				condition of the physical plant poses to the safety and well-being of
				students;
								(B)the demonstrated
				need for the construction, reconstruction, renovation, or modernization as
				based on the condition of the facility;
								(C)the age of the
				facility to be renovated or replaced;
								(D)whether the
				facility is eligible to receive education technology assistance from the
				National Education Technology Funding Corporation under section 708 of the
				Telecommunications Act of 1996 (Public Law 104–104; 110 Stat. 157); and
								(E)the needs related
				to preparation for modern technology.
								(3)Charter
				schoolsIn approving projects for funding under this title, the
				State educational agency shall ensure that a public charter school that
				constitutes a local educational agency under State law is eligible for
				assistance under the same terms and conditions as any other local educational
				agency.
							(c)Amount and
				Condition of GrantsA grant to a local educational agency may be
				in an amount not exceeding the total cost of the facility construction,
				reconstruction, renovation, or modernization for information technology, as
				determined by the State educational agency.
						10004.General
				provisionsThe Secretary shall
				take such action as may be necessary to ensure that all laborers and mechanics
				employed by contractors or subcontractors on any project assisted under this
				title—
						(1)shall be paid wages
				at rates not less than those prevailing on the same type of work on similar
				construction in the immediate locality as determined by the Secretary of Labor
				in accordance with the Act of March 31, 1931 (Davis-Bacon Act), as amended; and
						(2)shall be employed
				not more than 40 hours in any 1 week unless the employee receives wages for the
				employee’s employment in excess of the hours specified in paragraph (1) at a
				rate not less than one and one-half times the regular rate at which the
				employee is employed;
						but the
				Secretary may waive the application of this subsection in cases or classes or
				cases where laborers or mechanics, not otherwise employed at any time in the
				construction of such project, voluntarily donate their services without full
				compensation for the purpose of lowering the costs of construction and the
				Secretary determines that any amounts saved thereby are fully credited to the
				educational institution undertaking the construction.10005.DefinitionsAs used in this title:
						(1)SchoolThe
				term school means structures suitable for use as classrooms,
				laboratories, libraries, and related facilities, the primary purpose of which
				is the instruction of elementary and secondary school students.
						(2)StateThe
				term State includes the several States of the United States and the District of
				Columbia.
						10006.Authorization
				of appropriationsThere are
				authorized to be appropriated to carry out this title, $10,000,000,000 for
				fiscal year 2007 and a sum no less than this amount for each of the 4
				succeeding fiscal
				years.
					.