114 S2945 IS: Effective Apprenticeships to Rebuild National Skills Act
U.S. Senate
2016-05-18
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.

II114th CONGRESS2d SessionS. 2945IN THE SENATE OF THE UNITED STATESMay 18, 2016Mrs. Murray (for herself, Mr. Hatch, Mr. Kaine, Mr. Scott, Mr. Franken, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo promote effective registered apprenticeships, for skills, credentials, and employment, and for
			 other purposes.

		1.Short
			 title and table of contents
			(a)Short
 titleThis Act may be cited as the Effective Apprenticeships to Rebuild National Skills Act or the EARNS Act.
			(b)Table of
 contentsThe table of contents for this Act is as follows:Sec. 1. Short title and table of contents.Sec. 2. Findings and purposes.Sec. 3. Definitions.TITLE I—Promoting Registered ApprenticeshipsSec. 101. Promoting registered apprenticeship programs.Sec. 102. Promoting integration with postsecondary education.TITLE II—Program development and enhancementSec. 201. Expanding registered apprenticeship programs. 2.Findings and purposes (a)FindingsCongress finds the following:
 (1)A highly skilled workforce is necessary to compete in the global economy, support economic growth, and maintain the standard of living of the United States.
 (2)The apprenticeship model is a longstanding, on-the-job training and education model that prepares workers for the skill demands of particular occupations and employers while, at the same time, providing the workers with recognized, portable credentials, and wages while in training.
 (3)The registered apprenticeship program model has been successful in skilled trade industries, including construction and manufacturing, as well as service industries, such as health care, and holds great potential for expansion into other industries.
 (4)Registered apprenticeships are becoming increasingly innovative and diverse in their designs, partnerships, timeframes, and use of emerging concepts such as competency-based learning, and will continue to evolve to meet emerging skill requirements, while maintaining high standards and quality.
 (5)Registered apprenticeship programs are an essential element of an effective workforce development system and help individuals attain a recognized postsecondary credential, contributing to their personal economic sustainability.
 (6)According to a report from the Georgetown University Center on Education and the Workforce, by 2020 the United States will face a shortage of 5,000,000 workers with recognized postsecondary credentials.
 (7)According to a 2012 report from the Annie E. Casey Foundation, youth employment in the United States has reached the lowest point since World War II. More than 6,000,000 young people ages 16 through 24 are disconnected from school and work.
 (8)A 2012 evaluation of registered apprenticeship programs in 10 States by Mathematica Policy Research found that—
 (A)individuals who completed registered apprenticeship programs earned over $240,000 more over their careers than individuals not participating in such apprenticeship programs;
 (B)the estimated social benefits of registered apprenticeship programs, including additional productivity of apprentices and the reduction in governmental expenditures as a result of reduced use of unemployment compensation and public assistance, exceeded the costs of the programs by more than $49,000 per program; and
 (C)the tax return on every Federal Government dollar invested in registered apprenticeship programs was $27.
 (b)PurposesThe purposes of this Act are—
 (1)to increase the number of highly skilled workers in the United States, particularly in in-demand industry sectors and occupations;
 (2)to increase the attainment of recognized postsecondary credentials by participants;
 (3)to increase awareness about the value of the registered apprenticeship program model as an effective earn-and-learn model for students, workers, and employers;
 (4)to support the development and expansion of registered apprenticeship programs with employers, joint labor-management partnerships, trade and professional associations, and other program sponsors, that offer jobs that lead to economic self-sufficiency;
 (5)to support the development and expansion of effective pre-apprenticeship programs that lead to success in a registered apprenticeship program;
 (6)to support a closer alignment between registered apprenticeship programs, the workforce development system, career and technical education, and postsecondary education, including institutions of higher education; and
 (7)to support innovative models of effective work-based learning. 3.DefinitionsIn this Act:
 (1)AdministratorThe term Administrator means the Administrator of the Office of Apprenticeship appointed under section 101(a).
 (2)Career pathwayThe term career pathway has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
			(3)Educational
 service agencyThe term educational service agency—
 (A)has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and
 (B)includes a collaborative of those agencies.
				(4)High
 schoolThe term high school means a nonprofit institutional day or residential school that—
 (A)provides secondary education, as determined under State law;
 (B)grants a diploma, as defined by the State; and
 (C)includes, at least, grade 12.
				(5)In-demand
 industry sector or occupationThe term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
 (6)Local and State workforce development boardsThe terms local workforce development board and State workforce development board have the meanings given the terms local board and State board, respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (7)National apprenticeship systemThe term national apprenticeship system means the collective group of registered apprenticeship programs and pre-apprenticeship programs in the Nation (including the rules and regulations governing the 2 types of programs).
 (8)Postsecondary educational institutionThe term postsecondary educational institution means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
 (9)Pre-apprenticeship programThe term pre-apprenticeship program means a program or set of strategies that— (A)is designed to prepare individuals to enter and succeed in a registered apprenticeship program;
 (B)is carried out by an eligible entity (meaning an entity described in section 101(b)(2)(C) that has an application approved under section 101(b)(3)) that has a documented partnership with at least 1 sponsor of a registered apprenticeship program; and
 (C)includes each of the following elements: (i)Training (including a curriculum for the training), aligned with industry standards and reviewed and approved annually by sponsors of the registered apprenticeships within the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter one or more registered apprenticeship programs.
 (ii)Provision of hands-on training and theoretical education to individuals that— (I)accurately simulates the industry and occupational conditions of the registered apprenticeship program described in subparagraph (B);
 (II)is carried out in a manner that includes proper observation of supervision and safety protocols; and
 (III)is carried out in a manner that does not displace a paid employee. (iii)A formal agreement with a sponsor of a registered apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the registered apprenticeship program (if a place in the program is available), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program.
 (10)Recognized postsecondary credentialThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
 (11)Registered apprenticeship programThe term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (12)SecretaryExcept as provided in section 102 or as otherwise modified, the term Secretary means the Secretary of Labor, acting through the Administrator.
 (13)SponsorThe term sponsor means an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity that administers a registered apprenticeship program.
			IPromoting
			 Registered Apprenticeships
			101.Promoting
			 registered apprenticeship programs
				(a)Establishment of the office of apprenticeship
 (1)OfficeThere is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship.
 (2)AdministratorThe Office shall be headed by an Administrator of the Office of Apprenticeship appointed by the Assistant Secretary for Employment and Training. The Assistant Secretary shall appoint an individual who has the demonstrated knowledge of registered apprenticeship programs necessary to serve as the Administrator.
 (3)ResponsibilitiesThe Administrator, through the Office of Apprenticeship, shall carry out responsibilities including—
 (A)determining whether an apprenticeship program meets the requirements to become a registered apprenticeship program and maintains the standards necessary to remain a registered apprenticeship program;
 (B)managing the national apprenticeship system; (C)carrying out activities under subsection (b) to promote effective pre-apprenticeship programs;
 (D)promoting awareness about registered apprenticeship programs, including carrying out activities under subsection (c);
 (E)engaging in regular updates of the registration process, ensuring that such process is easily accessible and efficient for use by sponsors of registered apprenticeship programs;
 (F)regularly engage with the National Advisory Committee on Apprenticeships and ensure that the required reports of the Committee are submitted to the Secretary and transmitted to Congress;
 (G)promoting greater diversity in registered apprenticeship programs and pre-apprenticeship programs, including by promoting outreach to underrepresented populations, youth, and veterans and supporting the development of apprenticeship models;
 (H)providing for evaluations and research, as described in subsection (e); (I)providing technical assistance to sponsors of registered apprenticeship programs, entities who are interested in developing and becoming sponsors of registered apprenticeship programs, and eligible entities carrying out pre-apprenticeship programs; and
 (J)coordinating and aligning registered apprenticeship programs with other Federal education and training programs, including those authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
						(b)Supporting the development of pre-Apprenticeship programs
 (1)SupportThe Secretary shall support the development of pre-apprenticeship programs. (2)Grants (A)In generalUsing funds available under subsection (f), the Secretary shall make grants on a competitive basis to eligible entities to provide the Federal share of the cost of carrying out projects that support that development.
 (B)PeriodThe Secretary shall make initial grants under this paragraph for periods of not more than 3 years, except that if an eligible entity demonstrates satisfactory performance under paragraph (6) by the end of that third year, the Secretary may extend the grant period up to an additional 1 year for that entity.
 (C)Eligible entityTo be eligible to receive a grant from the Secretary under this subsection, an entity shall be a public-private partnership consisting of—
 (i)a local educational agency, high school, area career and technical school (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)), educational service agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), 2- or 4-year postsecondary educational institution, or collaborative of such entities;
 (ii)in a State with a State entity recognized by the Secretary of Labor to register apprenticeship programs in that State, that entity;
 (iii)an industry or business, consisting of an employer, a group of employers, a trade association, a professional association, or an entity that sponsors a registered apprenticeship program;
 (iv)a State workforce development board or local workforce development board; and (v)to the maximum extent practicable—
 (I)a labor organization associated with the industry or occupation related to the pre-apprenticeship program involved; and
 (II)a community-based organization that provides pre-apprenticeship programs, as appropriate. (3)ApplicationsTo be eligible to receive a grant from the Secretary under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—
 (A)a description of the training and curriculum described in section 3(9)(C)(i), and how the proposed pre-apprenticeship program makes individuals who successfully complete the pre-apprenticeship program qualified to enter into an established registered apprenticeship program;
 (B)evidence that there are or will be sufficient openings available in the registered apprenticeship program referenced in (A) to enable the registered apprenticeship program sponsor to place into a corresponding registered apprenticeship those individuals who successfully complete the pre-apprenticeship program;
 (C)information about the entity that demonstrates the existence of an active, advisory partnership between the partners described in paragraph (2)(C) and the capacity, of a training and education provider in the entity, to provide the training and education services necessary for a pre-apprenticeship program; and
 (D)information about the proposed pre-apprenticeship program that demonstrates— (i)that the program is in an in-demand industry or occupation in the region in which the project is located;
 (ii)the use of integrated work-based and academic learning that may include training in the workplace; (iii)the inclusion of career exploration focused activities, such as job shadowing, career information activities, and resume preparation, in the program;
 (iv)if the entity carrying out the project includes a high school, that the model to be used for the program leads to a high school diploma for participants without such a diploma;
 (v)how the pre-apprenticeship program is aligned with and leverages resources of career and technical education programs, programs and services authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), or activities of entities that provide supportive services for participants in pre-apprenticeship programs; and
 (vi)that the project aligns with an established registered apprenticeship program, including that the model used for the program leads to the attainment of skills and competencies necessary for entrance into the registered apprenticeship program for participants.
							(4)Use of funds
 (A)In generalAn eligible entity that receives a grant under this subsection shall use the grant funds to carry out a project that implements a pre-apprenticeship program.
 (B)Required activitiesThe eligible entity shall use the grant funds— (i)to pay for the cost of training or education associated with the pre-apprenticeship program;
 (ii)for curriculum development that aligns with the requirements of the appropriate registered apprenticeship programs and learning assessments;
 (iii)to maintain a connection between the pre-apprenticeship program and registered apprenticeship program;
 (iv)for assessments of potential participants for, and enrollment of the participants in, the pre-apprenticeship program; and
 (v)to conduct evaluations described in paragraph (6)(B). (C)Allowable activitiesThe eligible entity may use the grant funds for—
 (i)teacher training, including providing externship opportunities for teachers to learn about the skill needs of the industry or occupation that the pre-apprenticeship program focuses on;
 (ii)stipends for participants during work-based training in the program; or
 (iii)coordination of activities under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) or the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
							(5)Federal share
 (A)In generalThe Federal share of the cost described in paragraph (2)(A) shall be not more than 75 percent. (B)Non-Federal shareThe eligible entity may contribute the non-Federal share of the cost in cash or in kind, fairly evaluated, including plant, equipment, or services.
						(6)Performance
 (A)MeasuresThe Secretary shall identify a set of common measures that, at a minimum, include measures of entry into a registered apprenticeship program and that are aligned with performance accountability measures described in section 116(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(c)) for the local workforce development area (meaning a local area, as defined in section 3 of that Act) and with corresponding measures under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), as appropriate.
 (B)EvaluationsEach eligible entity that receives a grant to carry out a project under this subsection shall arrange for another qualified entity to conduct an evaluation, or shall participate in a Department of Labor sponsored evaluation, of the project using the identified common measures, and shall, to the extent practicable, cooperate with the evaluator in any evaluations of activities carried out under this section.
 (C)ExtensionsThe Secretary shall use the results of an evaluation for a project to determine whether to extend the grant period, or renew a grant, for the project under paragraph (2)(B).
						(c)Promoting awareness of registered apprenticeship programs
 (1)In generalTo promote awareness about registered apprenticeship programs, the Secretary, in cooperation with the Secretary of Education and the Secretary of Commerce, shall ensure that timely, current information about the value of registered apprenticeship programs in the labor market is made available through a range of widely accessible formats and venues. The information shall be made available to businesses, trade associations, professional associations, students, parents, workers, educational institutions, workforce and economic development organizations, and State and local elected officials.
 (2)Information for state and local workforce development boardsTo promote awareness about registered apprenticeship programs within the workforce development system, the Secretary shall disseminate information on the value of registered apprenticeship programs, to State and local workforce development boards described in subsection (b)(2)(C)(iv), which information shall include—
 (A)a list of registered apprenticeship programs in the State involved; (B)guidance for training staff of the workforce development system within the State on the value of registered apprenticeship programs, including relevant placement, retention and earnings information, as a training option for participants;
 (C)guidance on how individual training accounts under section 134(c)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)) could be used by participants for a registered apprenticeship program; and
 (D)guidance on how performance accountability measures under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141) apply to participants in registered apprenticeship programs, including relevant placement, retention and earnings information.
						(3)Information for employers, trade associations, professional associations, industry groups and labor
 organizationsTo promote awareness about registered apprenticeship programs to workers and employers, the Secretary, in cooperation with the Secretary of Commerce, shall provide information about the value of registered apprenticeship programs, including relevant placement, retention and earnings information, through the one-stop delivery systems described in section 121 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151), to employers, trade associations, professional associations, industry groups, and labor organizations, which information shall include, at a minimum—
 (A)a list of registered apprenticeship programs in the State; (B)information on how to develop a registered apprenticeship program; and
 (C)information on financial resources available to assist with the establishment and implementation of registered apprenticeship programs.
 (4)Information for students and schoolsTo promote awareness about registered apprenticeship programs among students and school staff, the Secretary, in cooperation with the Secretary of Education, shall disseminate information on the value of registered apprenticeship programs, including relevant placement, retention and earnings information, to high schools, area career and technical education schools (as defined in subsection (b)(2)(C)(i)), 2- and 4-year postsecondary educational institutions, and educational service agencies, to enable, at a minimum—
 (A)parents to understand registered apprenticeship programs and their value in postsecondary education and career pathways;
 (B)students to understand registered apprenticeship programs and their value in career pathways; (C)career and academic counselors to understand registered apprenticeship programs as a valuable postsecondary education option for students leading to job placement in in-demand industries and occupations; and
 (D)school administrators, workforce and economic development coordinators, and teachers and faculty to assist with the development, implementation, and continuation of registered apprenticeship programs.
						(d)Secretary’s national advisory committee on apprenticeships
					(1)Establishment
 (A)In generalThere is established in the Department of Labor a National Advisory Committee on Apprenticeships, referred to in this section as the Advisory Committee.
 (B)CompositionThe Advisory Committee shall have— (i)20 voting members appointed by the Secretary, composed of—
 (I)10 representatives of employers who participate in a registered apprenticeship program; (II)6 representatives of labor organizations who have responsibility for the administration of a registered apprenticeship program sponsored by a joint labor-management partnership; and
 (III)4 representatives of State apprenticeship agencies (or representatives of Governors), community organizations with significant experience with a registered apprenticeship program, area career and technical schools (as defined in subsection (b)(2)(C)(i)), local educational agencies, and 2- or 4-year postsecondary educational institutions with at least 1 articulation agreement with the entity administering a registered apprenticeship program; and
 (ii)members who are ex officio nonvoting representatives from the Departments of Labor, Commerce, Education, Energy, Housing and Urban Development, Transportation, Veterans Affairs, and Health and Human Services.
 (C)QualificationsThe members shall be selected upon the basis of their experience, competence, innovation, and demonstrated performance concerning registered apprenticeships.
 (D)TermsThe Secretary shall appoint the voting members for terms of 4 years. (2)ChairpersonThe Secretary shall designate one of the members of the Advisory Committee to serve as Chairperson of the Advisory Committee.
 (3)MeetingsThe Advisory Committee shall hold not fewer than 2 meetings during each calendar year. All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection.
 (4)DutiesThe Advisory Committee shall, at a minimum— (A)advise, consult with, and make recommendations to the Secretary on matters relating to the administration of this title and the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.);
 (B)annually prepare a set of recommendations to the Administrator and the Secretary to streamline the registration process, to make the process easily accessible and efficient for use by sponsors, while maintaining high standards; and
 (C)every 2 years, disseminate a collection of best practices for engaging youth and underemployed individuals in pre-apprenticeship programs and registered apprenticeship programs.
						(5)Personnel
						(A)Procurement
 (i)In generalThe Chairperson of the Advisory Committee may procure the temporary and intermittent services of voting members of the Advisory Committee under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
 (ii)Officers or employees of the united statesAll members of the Advisory Committee who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
 (B)StaffThe Secretary shall supply the Committee with an executive secretary and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to conduct its business.
 (6)Permanent committeeSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
					(e)Evaluations and research
 (1)Evaluations of programs and activities carried out under this titleFor the purpose of improving the management and effectiveness of the programs and activities carried out under this title, the Secretary shall provide for the continuing evaluation, by an independent entity, of the programs and activities, including activities carried out under subsection (a)(3)(C). Such evaluations shall address—
 (A)the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities—
 (i)improve the skill and employment competencies of participants in comparison to comparably situated individuals who did not participate in such programs and activities; and
 (ii)to the extent feasible, increase the level of total employment and recognized postsecondary credential attainment over the level that would have existed in the absence of such programs and activities;
 (B)the impact of the programs and activities for the participants, sponsors, and employers; (C)the return on investment of Federal, State, local, sponsor, employer, and other funding for registered apprenticeships to capture the full level of investment in, and impact of, registered apprenticeships;
 (D)the longitudinal outcomes for participants in the programs and activities; and (E)the impact of specific policies on the general effectiveness of such programs and activities.
 (2)ResearchThe Secretary may conduct, through an independent entity, research on best practices in registered apprenticeship programs and pre-apprenticeship programs and other issues relating to such programs.
 (3)TechniquesEvaluations and research conducted under this subsection shall utilize appropriate methodology and research designs.
 (4)ReportsThe independent entity carrying out the evaluations described in paragraph (1) or research described in paragraph (2) shall prepare and submit to the Secretary a final report containing the results of the evaluations or research, respectively, and including policy recommendations. The final report shall be made available for public inspection. Not later than 36 months after the date of enactment of this Act, the Secretary shall produce a final report related to the return on investment described in paragraph (1)(C).
 (5)Reports to congressNot later than 60 days after the completion of all the final reports described in paragraph (4), the Secretary shall transmit the final reports to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
 (6)Public accessThe Secretary shall develop a mechanism to make research developed under this title publicly available in a timely manner.
 (f)ReservationThe Secretary shall reserve not less than 10 percent of the funds appropriated under subsection (g) for each fiscal year for grants to States. A State that receives such a grant shall use the grant funds for the purpose of assisting the Administrator in carrying out the activities under this section, and may use the grant funds to support the voluntary establishment of a State apprenticeship office, if no such office exists in the State.
 (g)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2017 and each subsequent year.
				102.Promoting integration with postsecondary education
 (a)DefinitionsIn this section: (1)CollaborativeThe term Collaborative means the Registered Apprenticeship-College Collaborative established under subsection (b)(1).
 (2)SecretariesThe term Secretaries means the Secretary of Labor, acting through the Administrator, working jointly with the Secretary of Education, acting through the Assistant Secretary for the Office of Career, Technical, and Adult Education.
					(b)Collaborative with 2- and 4-Year postsecondary educational institutions
 (1)EstablishmentThe Secretaries shall establish and maintain a voluntary Registered Apprenticeship-College Collaborative. The Collaborative shall consist of the sponsors carrying out registered apprenticeship programs, 2- or 4-year postsecondary educational institutions, and organizations that represent such programs or institutions, that agree to meet certain criteria in order to support the purposes described in paragraph (2).
 (2)PurposesThe Collaborative shall support the purposes of— (A)promoting stronger connections between the registered apprenticeship programs involved and participating 2- and 4-year postsecondary educational institutions;
 (B)promoting the translation of experience in a registered apprenticeship program to academic credit at participating 2- and 4-year postsecondary educational institutions;
 (C)facilitating the enrollment of an individual who has completed a registered apprenticeship program (referred to in this section as an apprentice) at a participating 2- or 4-year postsecondary educational institution for the purpose of attaining academic credit toward an associate’s or more advanced degree;
 (D)advancing the attainment of associate’s and more advanced degrees by apprentices; (E)promoting the attainment of recognized postsecondary credentials with value in the labor market; and
 (F)expanding awareness about the value of registered apprenticeship programs as a postsecondary education option.
 (3)Participant requirementsThe Secretaries shall establish criteria that any interested 2- or 4-year postsecondary educational institution or sponsor shall meet in order to participate in the Collaborative, which criteria shall include, at a minimum—
 (A)for a 2- or 4-year postsecondary educational institution— (i)agreement to recognize and accept the academic credit (as assessed under subparagraph (B)(i)) earned by an apprentice for, and the assessment of the apprentice’s learning in, a registered apprenticeship program at another participating institution;
 (ii)agreement to have a formal articulation agreement with a participating sponsor of a registered apprenticeship program, other than a 2- or 4-year postsecondary educational institution; and
 (iii)agreement to provide certain information, as determined by the Secretaries, to the Collaborative; and
 (B)for a sponsor— (i)agreement to participate in third-party evaluations of the quality and rigor of the program offerings in order to determine the value of academic credit for learning during a registered apprenticeship program;
 (ii)agreement to have a formal articulation agreement with a participating 2- or 4-year postsecondary educational institution; and
 (iii)agreement to provide certain information, as determined by the Secretaries, to the Collaborative. (4)Memorandum of understanding (A)In generalIn order to participate in the Collaborative, interested 2- or 4-year postsecondary educational institutions and sponsors shall agree to meet certain conditions determined by the Secretaries.
 (B)ConditionsSuch conditions shall address, at a minimum— (i)how learning during a registered apprenticeship program, including related instruction and on-the-job training, will be assessed for academic credit;
 (ii)how programs and procedures, especially those related to admissions, credit transfer, and recognition of such learning will be structured to support accessibility for apprentices;
 (iii)how the structure and scheduling of courses will be developed in a way that supports the matriculation of apprentices; and
 (iv)how residency requirements will support the transferability of credit earned by apprentices. (5)Publicly available informationThe Secretaries shall maintain a publicly accessible website identifying, at a minimum—
 (A)the participating members of the Collaborative in each State; (B)a model for articulation agreements, and copies of some exemplary articulation agreements for illustrative purposes; and
 (C)such other information as the Secretaries determine to be necessary to promote awareness of the Collaborative and its members.
						(6)Use of funds
 (A)AdministrativeThe Secretaries shall use 30 percent of the funds appropriated under subsection (c) to establish and maintain the Collaborative and the website referred to in paragraph (5), to support the Advisory Committee referred to in paragraph (6), and for technical assistance, evaluation, and research activities.
 (B)For program participantsThe Secretaries shall use 70 percent of the appropriated funds to carry out, directly or by grant or contract with an eligible entity, activities consisting of—
 (i)providing funding to Collaborative participants to support the development of articulation agreements with other Collaborative participants;
 (ii)providing funding to the Collaborative to support the assessment of learning during a registered apprenticeship program, for academic credit;
 (iii)providing funding to the Collaborative to support third-party evaluations of the quality and rigor of program offerings, referred to in paragraph (3)(B)(i), which evaluations shall be conducted by an entity that meets minimum criteria as established by the Secretaries;
 (iv)providing curriculum development, for participating institutions and sponsors; and (v)carrying out other purposes that will help participating 2- and 4-year postsecondary educational institutions and sponsors meet the requirements of paragraphs (3) and (4).
 (C)Eligible entitiesTo be eligible to receive a grant or contract under subparagraph (B), an entity shall be a partnership comprised of—
 (i)at least one 2- or 4-year postsecondary educational institution participating in the Collaborative; and
 (ii)at least 1 sponsor of a registered apprenticeship program participating in the Collaborative. (c)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2017 and each subsequent year.
				IIProgram development and enhancement
			201.Expanding registered apprenticeship programs
 (a)In generalThe Secretary shall provide payments of assistance for eligible sponsors of new (as of the date of submission of an application under subsection (b)) registered apprenticeship programs, or for eligible sponsors of existing registered apprenticeship programs that add employers as new (as of such date) partners, which may include joint labor-management registered apprenticeship programs.
 (b)ApplicationsTo be eligible to receive payments under this section for a registered apprenticeship program, a sponsor shall submit an application to the Secretary including information demonstrating that (as of the date of submission)—
 (1)(A)for a new registered apprenticeship program, the program received recognition as a registered apprenticeship program within the 36 months preceding that date; or
 (B)for an existing registered apprenticeship program (which may include joint labor-management registered apprenticeship programs), employers were added as new partners within the 36 months preceding that date;
 (2)the sponsor offered jobs that led to economic self-sufficiency, as determined by a local workforce development board located in the same local workforce development area (meaning a local area, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102));
 (3)the sponsor has demonstrated success in enrolling, instructing, advancing, and graduating individuals in the relevant registered apprenticeship program, and in the employment of such individuals after completion of the program; and
 (4)the sponsor had not received a payment under subsection (d) for that registered apprenticeship program.
 (c)Use of fundsIn providing assistance under this section, the Secretary shall arrange to provide payments as described in subsection (a) for eligible sponsors, as funds are available under this section. Funds made available through such a payment shall be used to reimburse an eligible sponsor for the allowable costs of establishing or expanding the registered apprenticeship program involved. The maximum total payment to any one sponsor may not exceed $25,000 or 50 percent of the allowable costs.
 (d)DisbursementThe Secretary shall enter into arrangements with State workforce development boards to make disbursements through the local workforce development boards described in subsection (b)(2) to provide the payments to the eligible sponsors.
 (e)EvaluationsSponsors receiving grants under this section shall, to the extent practicable, cooperate with the Secretary in the conduct of evaluations of the activities carried out under this section.
				(f)Authorization of appropriations
 (1)In generalThere is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2017 and each subsequent year.
 (2)ReservationThe Secretary may reserve 5 percent of the amount appropriated under paragraph (1) for a fiscal year for distribution to the State workforce development boards and local workforce development boards, to pay for the costs of the boards associated with making determinations under subsection (b)(2) and disbursements under subsection (d), and as funds remain available, other costs of administration and management, technical assistance, research, and evaluation under this Act.


		II
		112th CONGRESS
		1st Session
		S. 1731
		IN THE SENATE OF THE UNITED STATES

			October 18, 2011
			Mr. Grassley (for
			 himself and Mrs. Feinstein) introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To improve the prohibitions on money laundering, and for
		  other purposes.

		1.Short title, table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Combating Money Laundering,
			 Terrorist Financing, and Counterfeiting Act of
			 2011.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title, table of contents.
					Sec. 2. Specified unlawful activity.
					Sec. 3. Interstate transportation of criminal proceeds and
				reverse money laundering.
					Sec. 4. Transportation or transhipment of blank checks in
				bearer form.
					Sec. 5. Bulk cash smuggling.
					Sec. 6. Section 1957 violations involving commingled funds and
				structured transactions.
					Sec. 7. Charging money laundering as a course of
				conduct.
					Sec. 8. Illegal money transmitting businesses.
					Sec. 9. Knowledge that property is from the proceeds of a
				specific felony.
					Sec. 10. Extraterritorial jurisdiction.
					Sec. 11. Freezing bank accounts of persons arrested for
				offenses involving the movement of money across international
				borders.
					Sec. 12. Making the international money laundering statute
				apply to tax evasion.
					Sec. 13. Prohibiting money laundering through hawalas, other
				informal value transfer systems, and closely related transactions.
					Sec. 14. Technical amendment to restore wiretap authority for
				certain money laundering and counterfeiting offenses.
					Sec. 15. Conduct in aid of counterfeiting.
					Sec. 16. Prepaid access devices, digital currencies, or other
				similar instruments.
					Sec. 17. Procedure for issuing subpoenas in money laundering
				cases.
					Sec. 18. Danger pay allowance.
					Sec. 19. United States Secret Service use of proceeds derived
				from criminal investigations.
					Sec. 20. Authority of Secret Service to arrest persons in
				violation of money laundering laws.
					Sec. 21. Law enforcement regulations and
				cooperation.
					Sec. 22. Rule of construction.

			2.Specified
			 unlawful activitySection
			 1956(c)(7) of title 18, United States Code, is amended to read as
			 follows:

				(7)the term specified unlawful
				activity means any act or activity constituting an offense in violation
				of the laws of the United States punishable by imprisonment for a term
				exceeding 1
				year;
				.
		3.Interstate
			 transportation of criminal proceeds and reverse money laundering
			(a)In
			 generalSection 1957(a) of title 18, United States Code, is
			 amended to read as follows:

					(a)(1)Whoever, in any of the
				circumstances set forth in subsection (d)—
							(A)knowingly conducts or attempts to
				conduct a monetary transaction involving the proceeds of some form of unlawful
				activity that is of a value greater than $10,000 and is derived from specified
				unlawful activity; or
							(B)conducts or attempts to conduct a
				monetary transaction involving property of a value greater than $10,000, with
				the intent to promote the carrying on of specified unlawful activity,
							shall be punished as provided in subsection
				(b).(2)Whoever, in any of the circumstances
				set forth in subsection (d), transports, attempts to transport, or conspires to
				transport more than $10,000 in currency, monetary instruments in bearer form,
				or precious metals and jewels in interstate commerce—
							(A)knowing that the property being
				transported was derived from some form of unlawful activity; or
							(B)knowing that the property being
				transported was intended to be used to promote some form of unlawful
				activity,
							shall be
				punished as provided in subsection
				(b)..
			(b)PenaltySection
			 1957(b) of title 18, United States Code, is amended—
				(1)in paragraph (1),
			 by striking paragraph (2) and inserting paragraphs (2)
			 and (3); and
				(2)by adding at the
			 end the following:

						(3)The maximum
				period of incarceration for a person convicted of an offense under subsection
				(a)(1)(B) shall not exceed the statutory maximum for the offense being
				promoted.
						.
				(c)Conforming
			 amendmentSection 1957(f) of title 18, United States Code, is
			 amended—
				(1)in paragraph (2),
			 by striking ; and and by inserting a semicolon;
				(2)in paragraph (3),
			 by striking the period and inserting ; and; and
				(3)by adding at the
			 end the following:

						(4)the term
				conducts has the meaning given that term in section 1956 of this
				title.
						.
				(d)Statutory
			 headingSection 1957 of title 18, United States Code, is amended,
			 in the section heading, by inserting or in support of criminal activity after
			 specified unlawful
			 activity.
			(e)Chapter
			 analysisThe item relating to section 1957 in the table of
			 sections for chapter 95 of title 18, United States Code, is amended to read as
			 follows:

						1957. Conducting monetary
				transactions in property derived from specified unlawful activity or in support
				of criminal
				activity.

					.
			4.Transportation
			 or transhipment of blank checks in bearer formSection 5316 of title 31, United States
			 Code, is amended by adding at the end the following:

				(e)Monetary instruments with amount left
				blankFor purposes of this
				section, a monetary instrument in bearer form that has the amount left blank,
				such that the amount could be filled in by the bearer, shall be considered to
				have a value in excess of $10,000 if the instrument was drawn on an account
				that contained or was intended to contain more than $10,000 at the time the
				instrument was transported or the time period it was negotiated or was intended
				to be
				negotiated.
				.
		5.Bulk cash
			 smugglingSection 5332(b) of
			 title 31, United States Code, is amended—
			(1)in paragraph (1), by striking 5
			 years and inserting 10 years;
			(2)by redesignating paragraphs (2), (3), and
			 (4), as paragraphs (3), (4), and (5), respectively; and
			(3)by inserting
			 after paragraph (1) the following:

					(2)Fine
						(A)In
				generalWhoever violates this section shall be fined under title
				18.
						(B)Enhanced fine
				for aggravated casesWhoever violates this section while
				violating another law of the United States, other than section 5316 or 5324(c),
				or as a part of a pattern of any unlawful activity, including a violation of
				section 5316 or 5324(c), shall be fined twice the amount provided in subsection
				(b)(3) or (c)(3) of section 3571 of title
				18.
						.
			6.Section 1957
			 violations involving commingled funds and structured transactionsSection 1957 of title 18, United States
			 Code, is amended by adding at the end the following:

				(g)The Government
				may satisfy the $10,000 requirement in subsection (a)(1) by showing
				that—
					(1)the monetary
				transaction involved the transfer, withdrawal, encumbrance, or other
				disposition of more than $10,000 from an account in which more than $10,000 in
				proceeds of specified unlawful activity was commingled with other funds;
				or
					(2)the defendant
				conducted a series of monetary transactions in amounts under $10,000 that
				exceeded $10,000 in the aggregate and that were closely related to each other
				in terms of such factors as time, the identity of the parties involved, the
				nature or purpose of the transactions or the manner in which they were
				conducted.
					.
		7.Charging money
			 laundering as a course of conduct
			(a)In generalSection 1956 of title 18, United States
			 Code, is amended by adding at the end the following:

					(j)Multiple violationsMultiple violations of this section that
				are part of the same scheme or continuing course of conduct may be charged, at
				the election of the Government, in a single count in an indictment or
				information.
					.
			(b)ConspiraciesSection 1956(h) of title 18, United States
			 Code, is amended by striking or section 1957 and inserting
			 , section 1957, or section 1960.
			8.Illegal money
			 transmitting businesses
			(a)Money
			 transmitting business definedSection 1960(b)(2) of title 18,
			 United States Code, is amended to read as follows:

					(2)the term
				money transmitting business means any business other than the
				United States Postal Service, which provides check cashing, currency exchange,
				money transmitting or remittance services, or issues, sells, or redeems money
				orders, travelers’ checks, prepaid access devices, digital currencies, or other
				similar instruments, or any other person or association of persons, formal or
				informal, engaging as a business in transporting, transferring, exchanging, or
				transmitting currency or funds in any form, including any person or association
				of persons, formal or informal, engaging as a business in any informal money
				transfer system, monetary value represented in digital electronic format, or
				any network of people who engage as a business in facilitating the transfer of
				money domestically or internationally outside of the conventional financial
				institutions
				system.
					.
			(b)General intent
			 requirementSection 1960(b)(1)(B) of title 18, United States
			 Code, is amended by inserting the following before the semicolon: ,
			 whether or not the defendant knew that the operation was required to comply
			 with such registration requirements.
			(c)Technical
			 amendmentsSection 1960 of title 18, United States Code, is
			 amended—
				(1)in the section
			 heading, by striking unlicensed and inserting
			 illegal;
				(2)in subsection
			 (a), by striking unlicensed and inserting
			 illegal;
				(3)in subsection
			 (b)(1), by striking unlicensed and inserting
			 illegal; and
				(4)in subsection
			 (b)(1)(C), by inserting , exchange,  after
			 transportation.
				9.Knowledge that property is from the
			 proceeds of a specific felony
			(a)Proceeds of A felonySection 1956(c)(1) of title 18, United
			 States Code, is amended by inserting , and regardless of whether or not
			 the person knew that the activity constituted a felony before the
			 semicolon at the end.
			(b)Intent To conceal or disguiseSection 1956(a) of title 18, United States
			 Code, is amended—
				(1)in paragraph (1)(B), by striking
			 knowing that and all that follows through Federal
			 law, and inserting the following:

						(B)knowing that the
				transaction—
							(i)conceals or
				disguises, or is intended to conceal or disguise, the nature, source, location,
				ownership, or control of the proceeds of some form of unlawful activity;
				or
							(ii)avoids, or is
				intended to avoid, a transaction reporting requirement under State or Federal
				law,
							;
				and
				(2)in paragraph (2)(B), by striking
			 knowing that and all that follows through Federal
			 law, and inserting the following:

						(B)knowing that the
				monetary instrument or funds involved in the transportation, transmission, or
				transfer represent the proceeds of some form of unlawful activity, and knowing
				that such transportation, transmission, or transfer—
							(i)conceals or
				disguises, or is intended to conceal or disguise, the nature, source, location,
				ownership, or control of the proceeds of some form of unlawful activity;
				or
							(ii)avoids, or is
				intended to avoid, a transaction reporting requirement under State or Federal
				law,
							.
				10.Extraterritorial jurisdictionSection 1956(f)(1) of title 18, United
			 States Code, is amended by inserting or has an effect in the United
			 States after conduct occurs in part in the United
			 States.
		11.Freezing bank
			 accounts of persons arrested for offenses involving the movement of money
			 across international bordersSection 981(b) of title 18, United States
			 Code, is amended by adding at the end the following:

				(5)(A)If a person is arrested
				or charged in connection with an offense described in subparagraph (C)
				involving the movement of funds into or out of the United States, the Attorney
				General may apply to any Federal judge or magistrate judge in the district in
				which the arrest is made or where the charges are filed for an ex parte order
				restraining any account held by the person arrested or charged for not more
				than 30 days, except that such 30-day time period may be extended for good
				cause shown at a hearing conducted in the manner provided in Rule 43(e) of the
				Federal Rules of Civil Procedure. The court may receive and consider evidence
				and information submitted by the Government that would be inadmissible under
				the Federal Rules of Evidence.
					(B)The application for the restraining
				order referred to in subparagraph (A) shall—
						(i)identify the offense for which the
				person has been arrested or charged;
						(ii)identify the location and
				description of the accounts to be restrained; and
						(iii)state that the restraining order
				is needed to prevent the removal of the funds in the account by the person
				arrested or charged, or by others associated with such person, during the time
				needed by the Government to conduct such investigation as may be necessary to
				establish whether there is probable cause to believe that the funds in the
				accounts are subject to forfeiture in connection with the commission of any
				criminal offense.
						(C)A restraining order may be issued
				pursuant to subparagraph (A) if a person is arrested or charged with any
				offense for which forfeiture is authorized under this title, title 31, or the
				Controlled Substances Act.
					(D)For purposes of this section—
						(i)the term account
				includes any safe deposit box and any account (as defined in paragraphs (1) and
				(2) of section 5318A(e) of title 31) at any financial institution; and
						(ii)the term account held by the
				person arrested or charged includes an account held in the name of such
				person, and any account over which such person has effective control as a
				signatory or otherwise.
						(E)Restraint pursuant to this paragraph
				shall not be deemed a seizure for purposes of subsection 983(a)
				of this title.
					(F)A restraining order issued pursuant to
				this paragraph may be executed in any district in which the subject account is
				found, or transmitted to the central authority of any foreign State for service
				in accordance with any treaty or other international
				agreement.
					.
		12.Making the
			 international money laundering statute apply to tax evasionSection 1956(a)(2)(A) of title 18, United
			 States Code, is amended by—
			(1)inserting
			 (i) before with the intent to promote; and
			(2)adding at the end
			 the following:

					(ii)with the intent to engage in
				conduct constituting a violation of section 7201 or 7206 of the Internal
				Revenue Code of 1986;
				or
					.
			13.Prohibiting
			 money laundering through hawalas, other informal value transfer systems, and
			 closely related transactionsThe matter following section
			 1956(a)(1)(B)(ii) of title 18, United States Code, is amended by striking
			 For purposes of this paragraph, a financial transaction and
			 inserting For purposes of this paragraph and section 1957, a financial
			 transaction or a monetary transaction.
		14.Technical
			 amendment to restore wiretap authority for certain money laundering and
			 counterfeiting offenses
			(a)Currency
			 reporting offensesSection 2516(1)(g) of title 18, United States
			 Code, is amended by striking or section 5324 of title 31, United States
			 Code (relating to structuring transactions to evade reporting requirement
			 prohibited and inserting or sections 5324 and 5332 of title 31,
			 United States Code (relating to structuring financial transactions and bulk
			 cash smuggling).
			(b)Money
			 launderingSection 2516(1)(c) of title 18, United States Code, is
			 amended by inserting section 1960 (relating to illegal money
			 transmitting businesses), before section 659.
			(c)CounterfeitingSection
			 2516(1)(d) of title 18, United States Code, is amended by striking or
			 473 and inserting 473, 474, or 474A,.
			15.Conduct in aid
			 of counterfeiting
			(a)In generalSection 474(a) of title 18, United States
			 Code, is amended by inserting after the paragraph beginning Whoever has
			 in his control, custody, or possession any plate the following:

					Whoever, with intent to defraud, has
				custody, control, or possession of any material, tool, machinery, or other
				equipment that can be used to make, alter, forge, or counterfeit any obligation
				or other security of the United States or any part of such obligation or
				security, except under the authority of the Secretary of the Treasury;
				or
					.
			(b)Foreign obligations and
			 securitiesSection 481 of
			 title 18, United States Code, is amended by inserting after the paragraph
			 beginning Whoever, with intent to defraud the following:

					Whoever, with intent to defraud, has
				custody, control, or possession of any material, tool, machinery, or other
				equipment that can be used to make, alter, forge, or counterfeit any obligation
				or other security of any foreign government, bank, or corporation;
				or
					.
			(c)Counterfeit actsSection 470 of title 18, United States
			 Code, is amended by striking or 474 and inserting 474, or
			 474A.
			(d)Strengthening
			 deterrents to counterfeitingSection 474A of title 18, United
			 States Code is amended—
				(1)in subsection
			 (a), by inserting , custody, after
			 control;
				(2)in subsection
			 (b)—
					(A)by inserting
			 , custody, after control; and
					(B)by striking
			 any essentially identical feature or device adapted to the making of any
			 such obligation or security, and inserting any material or other
			 thing made after or in similitude of any such deterrent,; and
					(3)by adding at the
			 end the following:

						(d)Whoever has in
				his control, custody, or possession any obligation or security of the United
				States or any foreign government from which the ink or other distinctive
				counterfeit deterrent has been completely or partially removed, except under
				the authority of the Secretary of the Treasury, is guilty of a class B
				felony.
						.
				16.Prepaid access
			 devices, digital currencies, or other similar instruments
			(a)In
			 generalSection 5312(a) of
			 title 31, United States Code, is amended—
				(1)by striking
			 paragraph (1)(K) and inserting the following:

						(K)an issuer,
				redeemer, or cashier or travelers’ checks, checks, money orders, prepaid access
				devices, digital currencies, or other similar
				instruments;
						;

				(2)in paragraph
			 (3)(C), by inserting prepaid access devices, after
			 delivery,; and
				(3)by adding at the
			 end the following:

						(7)prepaid
				access device means an electronic device or vehicle, such as a card,
				plate, code, number, electronic serial number, mobile identification number,
				personal identification number, or other instrument that provides a portal to
				funds or the value of funds that have been paid in advance and can be
				retrievable and transferable at some point in the
				future.
						.
				(b)GAO
			 reportNot later than 18 months after the date of enactment of
			 this Act, the Comptroller General of the United States shall submit to Congress
			 a report on—
				(1)the impact the
			 amendments made by subsection (a) has had on law enforcement, the prepaid
			 access industry, and consumers; and
				(2)the
			 implementation and enforcement by the Department of Treasury of the final rule
			 on Definitions and Other Regulations Relating to Prepaid Access (76 Fed. Reg.
			 45403), issued July 26, 2011.
				(c)Customs and
			 Border Protection strategy for prepaid access devicesNot later
			 than 18 months after the date of enactment of this Act, the Secretary of
			 Homeland Security, in consultation with the Commission of the U.S. Customs and
			 Border Protection, shall submit to Congress a report detailing a strategy to
			 interdict and detect prepaid access devices, digital currencies, or other
			 similar instruments, at border crossings and other ports of entry for the
			 United States. The report shall include an assessment of infrastructure needs
			 to carry out the strategy detailed in the report.
			17.Procedure for
			 issuing subpoenas in money laundering cases
			(a)In
			 generalSection 986 of title 18, United States Code, is amended
			 by adding at the end the following:

					(e)Procedure for
				issuing subpoenasThe Attorney General, the Secretary of the
				Treasury, or the Secretary of Homeland Security may issue a subpoena in any
				investigation of a violation of sections 1956, 1957 or 1960, or sections 5316,
				5324, 5331 or 5332 of title 31, United States Code, in the manner set forth
				under section
				3486.
					.
			(b)Grand Jury and
			 Trial SubpoenasSection 5318(k)(3)(A) of title 31, United States
			 Code, is amended—
				(1)in clause
			 (i)—
					(A)by striking
			 related to such correspondent account; and
					(B)by striking
			 or the Attorney General and inserting , the Attorney
			 General, or the Secretary of Homeland Security; and
					(2)by adding at the
			 end the following:

						(iii)Grand jury or
				trial subpoenaIn addition to a subpoena issued by the Attorney
				General, Secretary of the Treasury, or the Secretary of Homeland Security under
				clause (i), a subpoena under clause (i) includes a grand jury or trial subpoena
				requested by the
				Government.
						.
				(c)Fair Credit
			 Reporting Act AmendmentSection 604(a)(1) of the Fair Credit
			 Reporting Act (15 U.S.C. 1681b(a)(1)) is amended—
				(1)by striking
			 or; and
				(2)by inserting
			 before the period the following: , or a subpoena issued under section
			 5318 of title 31 or section 3486 of title 18, United States
			 Code.
				(d)Obstruction of
			 JusticeSection 1510(b)(3)(B) of title 18, United States Code, is
			 amended—
				(1)in the matter
			 before clause (i), by striking or a Department of Justice Subpoena
			 (issued under section 3486 of title 18) and inserting , a
			 subpoena issued under section 3486 of title 18, or an order or subpoena issued
			 pursuant to section 3512 of title 18, section 5318 of title 31, or section 1782
			 of title 28,; and
				(2)in clause (i), by
			 inserting , 1960, or an offense against a foreign nation constituting
			 specified unlawful activity under section 1956, or a foreign offense for which
			 enforcement of a foreign forfeiture judgment could be brought under section
			 2467 of title 28 after 1957.
				(e)Right to
			 Financial Privacy ActSection 1120(b)(1)(A) of the Right to
			 Financial Privacy Act of 1978 (12 U.S.C. 3420(b)(1)(A)) is amended by
			 striking—
				(1)or
			 1957 and inserting , 1957, or 1960; and
				(2)by striking
			 and 5324 and inserting , 5322, 5324, 5331, and
			 5332.
				18.Danger pay
			 allowanceSection 151 of the
			 Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (5 U.S.C. 5928
			 note), is amended by striking Drug Enforcement Administration or Federal
			 Bureau of Investigation and inserting Drug Enforcement
			 Administration, Federal Bureau of Investigation, Immigration and Customs
			 Enforcement, Customs and Border Protection, or United States Secret
			 Service.
		19.United States
			 Secret Service use of proceeds derived from criminal investigations
			(a)In
			 generalWith respect to any undercover investigative operation of
			 the United States Secret Service (hereafter referred to in this section as the
			 Secret Service) that is necessary for the detection and
			 prosecution of crimes against the United States—–
				(1)sums appropriated
			 for the Secret Service, including unobligated balances available from prior
			 fiscal years, may be used for purchasing property, buildings, and other
			 facilities, and for leasing space, within the United States, the District of
			 Columbia, and the territories and possessions of the United States, without
			 regard to sections 1341 and 3324 of title 31, United States Code, section 8111
			 of title 40, sections 3732(a) and 3741 of the Revised Statutes of the United
			 States (41 U.S.C. 11(a) and 22), and sections 304(a) and 305 of the Federal
			 Property and Administrative Services Act of 1949 (41 U.S.C. 254(a) and
			 255);
				(2)sums appropriated
			 for the Secret Service, including unobligated balances available from prior
			 fiscal years, may be used to establish or to acquire proprietary corporations
			 or business entities as part of such undercover operation, and to operate such
			 corporations or business entities on a commercial basis, without regard to
			 sections 9102 and 9103 of title 31, United States Code;
				(3)sums appropriated
			 for the Secret Service, including unobligated balances available from prior
			 fiscal years and the proceeds from such undercover operation, may be deposited
			 in banks or other financial institutions, without regard to section 648 of
			 title 18, and section 3302 of title 31, United States Code; and
				(4)proceeds from
			 such undercover operation may be used to offset necessary and reasonable
			 expenses incurred in such operation, without regard to section 3302 of title
			 31, United States Code.
				(b)Written
			 certificationThe authority set forth in subsection (a) may be
			 exercised only upon the written certification of the Director of the Secret
			 Service or his designee that any action authorized by any paragraph of such
			 subsection is necessary for the conduct of an undercover investigative
			 operation. Such certification shall continue in effect for the duration of such
			 operation, without regard to fiscal years.
			(c)Deposit of
			 proceeds in treasuryAs soon as practicable after the proceeds
			 from an undercover investigative operation with respect to which an action is
			 authorized and carried out under paragraphs (3) and (4) of subsection (a) are
			 no longer necessary for the conduct of such operation, such proceeds or the
			 balance of such proceeds remaining at the time shall be deposited in the
			 Treasury of the United States as miscellaneous receipts.
			(d)Reporting and
			 deposit of proceeds upon disposition of certain business
			 entitiesIf a corporation or business entity established or
			 acquired as part of an undercover investigative operation under paragraph (2)
			 of subsection (a) with a net value of over $50,000 is to be liquidated, sold,
			 or otherwise disposed of, the Secret Service, as much in advance as the
			 Director or designee determines is practicable, shall report the circumstance
			 to the Secretary of Homeland Security. The proceeds of the liquidation, sale,
			 or other disposition, after obligations are met, shall be deposited in the
			 Treasury of the United States as miscellaneous receipts.
			(e)Financial
			 audits and reports
				(1)AuditsThe
			 Secret Service shall conduct detailed financial audits of closed undercover
			 investigative operations for which a written certification was made pursuant to
			 subsection (b) on a quarterly basis and shall report the results of the audits
			 in writing to the Secretary of Homeland Security.
				(2)ReportsThe
			 Secretary of Homeland Security shall annually submit to the Committees on
			 Appropriations of the Senate and House of Representatives, at the time that the
			 President's budget is submitted under section 1105(a) of title 31, a summary of
			 such audits.
				20.Authority of
			 Secret Service to arrest persons in violation of money laundering
			 lawsSection 3056(b)(3) of
			 title 18, United States Code, is amended—
			(1)by inserting money laundering,
			 structured transactions, after devices; and
			(2)by striking federally
			 insured.
			21.Law enforcement
			 regulations and cooperationNot later than 1 year following the date of
			 enactment of this Act, the Attorney General, Secretary of Treasury, and
			 Secretary of Homeland Security, in consultation with the Director of National
			 Intelligence, shall coordinate to—
			(1)promulgate
			 regulations as necessary to implement the provisions of this Act; and
			(2)issue other
			 informal guidelines with respect to money laundering, terrorist financing,
			 counterfeiting, and other matters related to the provisions of this Act,
			 including—
				(A)investigative
			 guidelines; and
				(B)memorandum of
			 understanding in regards to investigations and investigative
			 authorities.
				22.Rule of
			 constructionNothing in this
			 Act, or any amendment made by this Act, shall be construed to apply to the
			 authorized law enforcement, protective, or intelligence activities of the
			 United States or of an intelligence agency of the United States.


109 HR 6226 IH: Securing Aircraft Cockpits Against

U.S. House of Representatives
2006-09-28
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. 6226
		IN THE HOUSE OF REPRESENTATIVES

			September 28, 2006
			Mr. Keller (for
			 himself and Mr. Scott of Virginia)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to provide
		  penalties for aiming laser pointers at airplanes, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Securing Aircraft Cockpits Against
			 Lasers Act of 2006.
		2.Prohibition
			 against aiming a laser pointer at an aircraft
			(a)OffenseChapter
			 2 of title 18, United States Code, is amended by adding at the end the
			 following:

					39A.Aiming a laser
				pointer at an aircraft
						(a)Whoever knowingly aims the beam of a laser
				pointer at an aircraft in the special aircraft jurisdiction of the United
				States, or at the flight path of such an aircraft, shall be fined under this
				title or imprisoned not more than 5 years, or both.
						(b)As used in this
				section, the term laser pointer means any device designed or
				used to amplify electromagnetic radiation by stimulated emission that emits a
				beam designed to be used by the operator as a pointer or highlighter to
				indicate, mark, or identify a specific position, place, item, or object.
						(c)This section does
				not prohibit aiming a beam of a laser pointer at an aircraft, or the flight
				path of such an aircraft, by—
							(1)an authorized
				individual in the conduct of research and development or flight test operations
				conducted by an aircraft manufacturer, the Federal Aviation Administration, or
				any other person authorized by the Federal Aviation Administration to conduct
				such research and development or flight test operations;
							(2)members or
				elements of the Department of Defense or Department of Homeland Security acting
				in an official capacity for the purpose of research, development, operations,
				testing or training; or
							(3)by an individual
				using a laser emergency signaling device to send an emergency distress
				signal.
							(d)The Attorney
				General, in consultation with the Secretary of Transportation, may provide by
				regulation, after public notice and comment, such additional exceptions to this
				section, as may be necessary and appropriate. The Attorney General shall
				provide written notification of any proposed regulations under this section to
				the Committees on the Judiciary of the House and Senate, the Committee on
				Transportation and Infrastructure in the House, and the Committee on Commerce,
				Science and Transportation in the Senate not less than 90 days before such
				regulations become
				final.
						.
			(b)Amendment to
			 Table of SectionsThe table of sections at the beginning of
			 chapter 2 of title 18, United States Code, is amended by adding at the end the
			 following new item:

						39A. Aiming a laser pointer at an
				aircraft.

					.


114 S1006 IS: Positive Train Control Safety Act
U.S. Senate
2015-04-16
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.

		II
		114th CONGRESS1st Session
		S. 1006
		IN THE SENATE OF THE UNITED STATES

			April 16, 2015
			Mrs. Feinstein (for herself, Mrs. Boxer, Mr. Blumenthal, Mr. Schumer, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

		A BILL
		To incentivize early adoption of positive train control, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Positive Train Control Safety Act. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.
					Sec. 2. Implementation deadline.
					Sec. 3. Transparency.
					Sec. 4. Positive train control on high-hazard flammable trains.
					Sec. 5. Coordination of spectrum.
					Sec. 6. Confidential close call reporting systems.
					Sec. 7. Commuter rail track inspections.
					Sec. 8. Positive train control at grade crossings effectiveness study.
					Sec. 9. Redundant signal protection.

 2.Implementation deadlineSection 20157 of title 49, United States Code, is amended— (1)by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
 (2)by inserting after subsection (g) the following:  (h)Extension (1)In generalAfter transmitting the report under subsection (d), the Secretary may extend the implementation deadline, in 1-year increments, upon application, if the Secretary—
 (A)determines that— (i)full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, and interoperability standards;
 (ii)the applicant has demonstrated good faith in its positive train control implementation; and (iii)the applicant has presented a revised positive train control implementation plan indicating how it will fully implement positive train control as soon as feasible, and not later than December 31, 2018; and
 (B)has taken into consideration— (i)whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant’s positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations; and
 (ii)the risk of operational failure to the affected service areas and the applicant. (2)Application reviewNot later than 120 days after the Secretary receives an application under paragraph (1), the Secretary review and approve or disapprove the application.
 (3)Maximum extensionThe Secretary may extend the implementation deadline for an applicant whose application is under review, but may not extend the implementation deadline beyond June 30, 2016.
						.
 3.TransparencySection 20157(a) of title 49, United States Code, as amended by section 2, is further amended by adding at the end the following:

				(3)Progress reports
 (A)In generalBeginning 6 months after the date of the enactment of the Positive Train Control Safety Act, and annually thereafter until its positive train control system is certified by the Secretary under subsection (h), each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, required to submit a plan under paragraph (1) shall submit a progress report to the Secretary on the status of the plan.
 (B)ContentsEach progress report submitted under subparagraph (A) shall include— (i)a section describing—
 (I)the total number of positive train control components required; (II)the number of such components that have been installed, equipped, or deployed;
 (III)the number of components that remain to be installed, equipped, or deployed; and (IV)an estimated completion date for full positive train control system completion;
 (ii)a section summarizing— (I)the number of employees requiring training under section 236.1041 of title 49, Code of Federal Regulations; and
 (II)the status of such training activities; and (iii)a section summarizing the remaining challenges to full positive train control system implementation, including—
 (I)testing issues; (II)interoperability challenges; and
 (III)certification challenges. (C)Defined termIn this paragraph, the term component means a locomotive apparatus, a wayside interface unit, switches in non-signal positive train control territory, a base station radio, a wayside radio, or a locomotive radio.
 (D)Public availabilityNot later than 30 days after receiving a progress report under this paragraph, the Secretary shall make the report available on the website of the Federal Railroad Administration..
 4.Positive train control on high-hazard flammable trainsSection 20157(a)(1) of title 49, United States Code, as amended by this Act, is further amended— (1)by striking Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each and inserting Each;
 (2)in subparagraph (B)— (A)by striking parts and inserting sections; and
 (B)by striking transported; and and inserting transported on or after December 31, 2015;; (3)by redesignating subparagraph (C) as subparagraph (D); and
 (4)by inserting after subparagraph (B), the following:  (C)its main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material (as described in section 172.101 of title 49, Code of Federal Regulations) are transported; and.
			5.Coordination of spectrum
 (a)Coordination of spectrumSubchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following:

 20168.Electromagnetic spectrumNot later than 120 days after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation, in coordination with the Chairman of the Federal Communications Commission, shall assess spectrum needs and availability for implementing positive train control systems (as defined in section 20157(j)). In carrying out this section, the Secretary and the Chairman may consult with external stakeholders..
 (b)Clerical amendmentThe table of sections for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20167 the following:
				20168. Electromagnetic spectrum..
			6.Confidential close call reporting systems
 (a)In generalSubchapter II of chapter 201 of title 49, United States Code, as amended by section 6(a), is further amended by adding at the end the following:

					20169.Confidential close call reporting systems
 (a)RulemakingNot later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary shall promulgate regulations setting forth the requirements that an applicable railroad carrier shall follow in establishing a confidential close call reporting system program. The Secretary may use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing regulations under this subsection, including continuing the use of third parties for the collection of close call reports and distribution of close call data. The Secretary shall ensure that an applicable railroad carrier’s employees receive protection under its program from any related Federal Railroad Administration enforcement actions.
						(b)Program development and oversight
 (1)In generalNot later than 180 days after the date on which final regulations are promulgated under subsection (a), an applicable railroad carrier shall develop and submit a proposed confidential close call reporting system program to the Secretary for review and approval.
 (2)ContentsThe proposal submitted by a railroad carrier under paragraph (1) shall— (A)a describe the core principles and values of its proposed program;
 (B)explain the rights, roles, and responsibilities of program stakeholders; (C)identify concerns and interests; and
 (D)describe how the program will operate. (3)Review (A)In generalThe Secretary shall review and approve or disapprove each proposed program within a reasonable amount of time. If a proposed program is not approved, the Secretary shall notify the applicable railroad carrier in writing of the specific areas in which the proposed program is deficient. The applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary.
 (B)UpdatesAn applicable railroad carrier shall update its program as needed and obtain the Secretary’s approval prior to making any major changes to its program.
 (C)Annual reviewsThe Secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its approved program.
 (c)In generalNot later than 2 years after the date of the enactment of the Positive Train Control Safety Act, each applicable railroad carrier shall establish a confidential close call reporting system. (d)Program elementsEach applicable railroad carrier shall—
 (1)provide a safe environment for its employees to report unsafe events and conditions; (2)for unsafe events and conditions reported within the scope of a confidential close call reporting system, ensure that its employees are protected from railroad carrier discipline;
 (3)use information collected through the confidential close call reporting system to develop and implement targeted corrective actions, as appropriate; and
 (4)use information collected by the system to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents.
							(e)Consensus
 (1)In generalEach applicable railroad carrier shall consult with, employ good faith with, and use its best efforts to reach agreement with all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, on the development and implementation of the proposed program.
 (2)StatementsIf an applicable railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, cannot reach consensus on the development and implementation of the proposed program, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the proposed program on which consensus was not reached. The Secretary shall consider such views during review of the proposed program under subsection (b)(3)(A).
 (f)Voluntary program establishmentAny railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section. This section, and any regulations promulgated under this section, shall apply to a program that is voluntarily established.
 (g)Use of dataThe Secretary may use the confidential close call reporting data when— (1)implementing or updating the Federal Railroad Administration’s National Inspection Plan;
 (2)performing focused inspections; or (3)developing agency rulemakings and guidance, as appropriate.
 (h)Defined termIn this section, the term applicable railroad carrier means a railroad carrier that— (1)is a Class I railroad;
 (2)has inadequate safety performance, as determined by the Secretary; or (3)provides intercity rail passenger or commuter rail passenger transportation.
 (i)Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as may be necessary— (1)to implement this section; and
 (2)to support the nationwide implementation of confidential close call reporting system programs, as the Secretary determines appropriate..
 (b)Clerical amendmentThe table of sections for chapter 201 of title 49, United States Code, as amended by section 7(b), is further amended by adding at the end the following:
				20169. Confidential close call reporting systems..
			7.Commuter rail track inspections
 (a)In generalSubchapter II of chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following:

					20170.Commuter rail track inspections
 (a)In generalWhen performing a required inspection under subpart F of part 213 of title 49, Code of Federal Regulations, a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines (as described in section 213.233(b)(3) of title 49, Code of Federal Regulations) shall—
 (1)at least once each 2 weeks— (A)traverse each main line by vehicle; or
 (B)inspect each main line on foot; and (2)at least once each month, traverse and inspect each siding by vehicle or by foot.
 (b)ConstructionNothing in this section may be construed to limit the authority of the Secretary to promulgate regulations or issue orders under any other law..
 (b)Clerical amendmentThe table of sections for chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following:
				20170. Commuter rail track inspections..
			8.Positive train control at grade crossings effectiveness study
 (a)In generalThe Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, shall conduct a study of the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings.
 (b)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to conduct the study described in subsection (a).
 9.Redundant signal protectionNot later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation shall promulgate such regulations as the Secretary considers necessary to require that on-track safety programs, as described in subpart C of part 214 of title 49, Code of Federal Regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.


110 HR 4703 IH: Vaccine Shortage Preparedness Act of

U.S. House of Representatives
2007-12-13
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
		110th CONGRESS
		1st Session
		H. R. 4703
		IN THE HOUSE OF REPRESENTATIVES

			December 13, 2007
			Mr. Waxman introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Social Security Act, the Federal Food, Drug,
		  and Cosmetic Act, and the Public Health Service Act to ensure a sufficient
		  supply of vaccines, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Vaccine Shortage Preparedness Act of
			 2008.
		2.Sales from
			 6-month supplySection
			 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)) is amended by
			 inserting before the last sentence the following: The Secretary may sell
			 such quantities of vaccines from such supply to public health departments or
			 back to the vaccine manufacturers as the Secretary determines appropriate.
			 Proceeds received from such sales shall be available to the Secretary only for
			 the purposes of procuring pediatric vaccine stockpiles under this section and
			 shall remain available until expended..
		3.One-year notice on
			 discontinuing manufacture of vaccineSubchapter A of chapter V of the Federal
			 Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting
			 after section 506C the following section:

				506D.Discontinuance
				of vaccine
					(a)In
				general
						(1)Notice to
				secretaryA manufacturer of a vaccine approved by the Secretary
				shall notify the Secretary of a discontinuance of the manufacture of the
				vaccine at least 12 months prior to the date of the discontinuance.
						(2)Director of
				centers for disease control and preventionPromptly after
				receiving a notice under paragraph (1), the Secretary shall inform the Director
				of the Centers for Disease Control and Prevention of the notice. Promptly after
				determining that a reduction under subsection (b) applies with respect to such
				a notice, the Secretary shall inform such Director of the reduction.
						(3)Relationship to
				separate notice programIn the case of a vaccine that is approved
				by the Secretary and is a drug described in section 506C(a), this section
				applies to the vaccine in lieu of section 506C.
						(b)Reduction in
				notification periodThe notification period required under
				subsection (a) for a manufacturer may be reduced if the manufacturer certifies
				to the Secretary that good cause exists for the reduction, such as a situation
				in which—
						(1)a public health
				problem may result from continuation of the manufacturing for the 12-month
				period;
						(2)a
				biomaterials shortage prevents the continuation of the manufacturing for the
				12-month period;
						(3)a liability
				problem may exist for the manufacturer if the manufacturing is continued for
				the 12-month period;
						(4)continuation of
				the manufacturing for the 12-month period may cause substantial economic
				hardship for the manufacturer; or
						(5)the manufacturer
				has filed for bankruptcy under chapter 7 or 11 of title 11, United States
				Code.
						(c)DistributionTo
				the maximum extent practicable, the Secretary shall distribute information on
				the discontinuation of the manufacture of vaccines to appropriate physician and
				patient
				organizations.
					.
		4.Certain
			 authorities regarding influenza and other vaccines
			(a)AuthoritiesPart B of title III of the Public Health
			 Service Act (42 U.S.C. 243 et seq.) is amended—
				(1)by redesignating
			 section 317A as section 317A–1; and
				(2)by inserting after
			 section 317 the following section:

						317A.Certain
				authorities regarding influenza and other vaccines
							(a)DeclarationThe Secretary may declare a public health
				emergency if—
								(1)there is a
				shortage of an approved vaccine for an infectious disease; and
								(2)there is a
				significant risk of a significant outbreak of such disease.
								(b)RequirementIf
				the Secretary publishes in the Federal Register a declaration of a public
				health emergency under subsection (a), each person who is a manufacturer or
				distributor of such vaccine shall provide to the Secretary such information as
				the Secretary may require with respect to the location of supplies of the
				vaccine, including supplies in the possession of the person, supplies scheduled
				to be received by the person, and supplies sold by the person. Any such person
				who fails to comply with an order of the Secretary under the preceding sentence
				is liable to the United States for a civil penalty not exceeding $1,000 for
				each day for which the person is in violation of the order.
							(c)Availability to
				States
								(1)In
				generalSubject to paragraph (2), the Secretary shall, at the
				request of a State, provide to the State information collected by the Secretary
				under subsection (b).
								(2)Restriction;
				confidentialityThe Secretary may provide to a State information
				collected by the Secretary under subsection (b) only if the State
				agrees—
									(A)to restrict its
				use of the information to facilitating access to vaccines; and
									(B)to otherwise keep
				such information
				confidential.
									.
				(b)Study on
			 reallocation of vaccineNot later than 1 year after the date of
			 the enactment of this Act, the Secretary of Health and Human Services shall
			 complete a study and submit a report to the Congress on successful models and
			 alternatives for tracking and facilitating, in consultation with State and
			 local health officials, reallocation of vaccine at the local level in times of
			 shortage or emergency.


114 SRES 463 ATS: Honoring the memory and service of Omaha Police Officer Kerrie Orozco.
U.S. Senate
2016-05-12
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.

		III
		114th CONGRESS
		2d Session
		S. RES. 463
		IN THE SENATE OF THE UNITED STATES

			May 12, 2016
			Mrs. Fischer (for herself, Mr. Grassley, Mr. Sasse, and Mrs. Ernst) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Honoring the memory and service of Omaha Police Officer Kerrie Orozco.

 Whereas Officer Kerrie Orozco bravely served the Omaha Police Department for 7 years as an officer and detective, working in the gang unit of the Omaha Police Department;
 Whereas Officer Orozco was a beloved wife, daughter, sister, and mother; Whereas Officer Orozco was a devoted public servant who engaged in many volunteer pursuits in Nebraska and Iowa, including youth sports, youth mentoring, and animal rescue;
 Whereas, as a parishioner of St. Joseph Church in Omaha, Officer Orozco was committed to her Catholic faith;
 Whereas Officer Orozco was killed in the line of duty on May 20, 2015, while serving an arrest warrant on a suspect; and
 Whereas Officer Orozco was the first female officer of the Omaha Police Department to be killed in the line of duty: Now, therefore, be it

 That the Senate honors the memory and service of Omaha Police Officer Kerrie Orozco.


109 HR 5184 IH: Consumer Cancellation Fairness Act
U.S. House of Representatives
2006-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
2d Session
H. R. 5184
IN THE HOUSE OF REPRESENTATIVES

April 25, 2006
Ms. Zoe Lofgren of California introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To require businesses to permit customers to cancel certain subscription services in the same manner and by the same means as is provided by such person to individuals to subscribe to such service.

1.Short titleThis Act may be cited as the Consumer Cancellation Fairness Act.
2.Cancellation of subscription servicesNot later than 180 days days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules pursuant to section 18 of the Federal trade Commission Act (15 U.S.C. 57a) to require any person providing a subscription service to provide, at minimum, the ability for individuals who have subscribed to such service to cancel such service in the same manner and by the same means as is provided by such person to individuals to subscribe to such service.
3.DefinitionsFor purposes of the rulemaking required under section 2—
(1)the term person has the same meaning given such term in section 551(2) of title 5, United States Code; and
(2)the term subscription service means any service, including the regular delivery of any product, for which an individual agrees to receive regular or continual receipt of such service or product and is charged recurring fees or charges for the period during which the individual receives such service, and shall not include any service which requires payment in full before receiving such service.


115 HRES 168 IH: Encouraging people in the United States to recognize March 2, 2017, as Read Across America Day.
U.S. House of Representatives
2017-03-02
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.

IV115th CONGRESS1st SessionH. RES. 168IN THE HOUSE OF REPRESENTATIVESMarch 2, 2017Mr. Rodney Davis of Illinois (for himself and Mrs. Davis of California) submitted the following resolution; which was referred to the Committee on Education and the WorkforceRESOLUTIONEncouraging people in the United States to recognize March 2, 2017, as Read Across America Day.

 Whereas reading is a basic requirement for quality education and professional success, and is a source of pleasure throughout life;
 Whereas the people of the United States must be able to read if the United States is to remain competitive in the global economy;
 Whereas Congress has placed great emphasis on reading intervention and providing additional resources for reading assistance, including through the programs authorized by the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and through annual appropriations for library and literacy programs; and
 Whereas more than 50 national organizations concerned about reading and education have joined with the National Education Association (NEA) to use March 2 to celebrate reading and the birth of Theodor Geisel, also known as Dr. Seuss: Now, therefore, be it

 That the House of Representatives— (1)honors Theodor Geisel, also known as Dr. Seuss, for his success in encouraging children to discover the joy of reading;
 (2)honors the 20th anniversary of Read Across America Day; (3)encourages parents to read with their children for at least 30 minutes on Read Across America Day in honor of the commitment of the House of Representatives to building a Nation of readers; and
 (4)encourages the people of the United States to observe Read Across America Day with appropriate ceremonies and activities.