instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Healthy Local Policies for Schools
Act of 2010'' or the ''HELP Schools Act of 2010''.

SEC. 2. FINDINGS.

Congress finds that--
(1) childhood obesity increased threefold among children
and adolescents in the 30 years preceding the date of enactment
of this Act;
(2) about 12,000,000 children and adolescents ages 2 to 19
are considered obese;
(3) obesity-related diseases cost the United States economy
more than $147,000,000,000 every year;
(4) both low levels of physical activity and an increase in
caloric intake have contributed to the unprecedented epidemic
of childhood obesity;
(5) overweight adolescents have a 70 to 80 percent chance
of becoming overweight adults, increasing the risk for chronic
disease, disability, and death;
(6) children and adolescents are--
(A) not meeting dietary recommendations;
(B) underconsuming important food groups and
nutrients needed for growth and development; and
(C) overconsuming saturated fat, trans fat, sodium,
and added sugars;
(7) nutrition education and promotion helps foster a school
environment that--
(A) supports healthy eating;
(B) helps initiate and sustain healthy eating
behaviors;
(C) increases acceptance and consumption of healthy
school meals;
(D) increases participation in school meal
programs;
(E) enhances school meal quality; and
(F) supports development and implementation of
local wellness policies;
(8) nutrition education and promotion is a critical
component of most major health promotion and disease prevention
programs;
(9) research shows that school-based nutrition programs and
services both improve health and contribute to the academic
achievement of school children;
(10) research shows that fit children achieve more
academically and have better school attendance and fewer
disciplinary problems;
(11) a comprehensive study of local wellness policies
across the United States found that--
(A) many policies were underdeveloped and
fragmented; and
(B) the vast majority of students were enrolled in
a school district that did not--
(i) require evaluation of the
implementation or effectiveness of the wellness
policy of the district; or
(ii) include any provisions for reviewing
and revising the wellness policy;
(12) the same study reported that between 5 and 6 percent
of students were enrolled in a school district that had
identified a potential source of funding to support
implementation of the wellness policy of the district;
(13) the nutrition education and promotion initiatives for
school children in effect as of the date of enactment of this
Act lack coordination, funding, and sustainability;
(14) the Physical Activity Guidelines for Americans of the
Department of Health and Human Services recommend that children
engage in at least 60 minutes of physical activity on most, and
preferably all, days of the week;
(15) children spend many waking hours at school and
therefore need to be active during the school day to meet the
recommendations of the Physical Activity Guidelines for
Americans; and
(16) as of the date of enactment of this Act--
(A) only 3.8 percent of elementary schools, 7.9
percent of middle schools, and 2.1 percent of high
schools provide daily physical education or the
equivalent for the entire school year; and
(B) 22 percent of schools do not require students
to take any physical education at all.

SEC. 3. LOCAL WELLNESS POLICIES.

Section 5 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1754) is amended to read as follows:

''SEC. 5. LOCAL WELLNESS POLICIES.

''(a) Definitions.--In this section:
''(1) Extended school day.--The term 'extended school day'
means--
''(A) the official school day; and
''(B) the time before and after the official school
day during which events or activities are primarily
under the control of the school or a third party on
behalf of the school.
''(2) Local wellness policy.--The term 'local wellness
policy' means a nutrition and physical activity wellness policy
of a local educational agency established under section 204 of
the Child Nutrition and WIC Reauthorization Act of 2004 (42
U.S.C. 1751 note; Public Law 108-265).
''(b) Requirements.--Not later than the first day of the school
year beginning 1 year after the date of enactment of the HELP Schools
Act of 2010, each local educational agency participating in a program
authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) shall strengthen the local school wellness policy of the
local educational agency by ensuring, at a minimum, that the policy--
''(1) includes goals for nutrition promotion and education,
physical education, physical activity, food marketing and
advertising on the school campus, and other school-based
activities designed to promote participation in child nutrition
programs and student wellness through the extended school day,
in a manner that the local educational agency determines to be
appropriate;
''(2) includes an implementation plan to achieve the goals
of the local wellness policy;
''(3) ensures that guidelines for reimbursable school meals
are not less restrictive than regulations and guidance issued
by the Secretary pursuant to subsections (a) and (b) of section
10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and
sections 9(f)(1) and 17(a) of this Act, as those regulations
and guidance apply to schools;
''(4) ensures that nutritional guidelines for foods and
beverages sold in schools that are not part of reimbursable
school meals are in compliance with the standards established
by the Secretary; and
''(5) includes a plan for measuring implementation of the
local wellness policy, including the designation of a local
wellness policy committee under subsection (d).
''(c) Transparency.--
''(1) In general.--In carrying out this section, each local
educational agency shall make readily available and widely
disseminate to relevant stakeholders--
''(A) the local wellness policy of the local
education agency, including the implementation plan
described in subsection (b)(5);
''(B) any assessments of the implementation of the
local wellness policy;
''(C) any updates to the local wellness policy; and
''(D) appropriate local and State contact
information.
''(2) Availability requirement.--Not later than the first
day of the school year following the date of enactment of the
HELP Schools Act of 2010, each local educational agency shall
make readily available the policy and plan described in
paragraph (1)(A).
''(3) Assessment of implementation.--
''(A) Assessment of implementation.--Not later than
2 years after the date of enactment of the HELP Schools
Act of 2010, and every 3 years thereafter, each local
educational agency shall complete and make readily
available the results of an assessment of the
implementation of the local wellness policy of the
local educational agency that includes--
''(i) the extent to which schools under the
jurisdiction of the local educational agency
are in compliance with the local wellness
policy of the agency;
''(ii) the extent to which the local
wellness policy of the local educational agency
compares with model local wellness policies
recommended under subsection (e)(2)(A)(ii); and
''(iii)(I) a description of the progress
made in attaining the goals of the local
wellness policy described in subsection (b);
and
''(II) any revisions to the local wellness
policy to more effectively address those goals.
''(d) Local Wellness Policy Committee.--
''(1) In general.--Not later than 180 days after the date
of enactment of the HELP Schools Act of 2010, each local
educational agency shall designate a standing Local Wellness
Policy Committee (referred to in this subsection as the
'Committee').
''(2) Representation.--
''(A) Required representatives.--The Committee of
each local educational agency shall be comprised of at
least 1 representative from the local educational
agency from each of the following categories of
stakeholders:
''(i) Principals.
''(ii) Teachers.
''(iii) Parents of students.
''(iv) Students.
''(v) The school food authority.
''(vi) The school board of the local
educational agency.
''(vii) The physical education program.
''(viii) School health professionals, such
as school nurses, school counselors, social
workers, or health education teachers.
''(B) Authorized representatives.--A Committee may
also include a registered dietitian, pediatrician,
dentist, a representative of the local health
department, or other representatives of the local
community.
''(3) Terms and conditions.--Each local educational agency
shall determine the terms and conditions under which each
member of the Committee of the local educational agency serves.
''(4) Duties.--Duties and responsibilities of each
Committee shall include--
''(A) ensuring that the local educational agency
served by the Committee meets the requirements
described in this section;
''(B) fostering integration of the local wellness
policy of the local educational agency with existing
coordinated school health programs, and other health-
related activities in the schools and community served
by the local educational agency; and
''(C) making Committee proceedings and other
pertinent information relating to the activities of the
Committee readily available.
''(e) Technical Assistance and Outreach.--
''(1) In general.--The Secretary, in consultation with the
Secretary of Education and the Secretary of Health and Human
Services, acting through the Centers for Disease Control and
Prevention, shall assist in the adoption of effective local
wellness policies by local educational agencies in accordance
with this section.
''(2) Outreach.--In carrying out paragraph (1), the
Secretary shall perform outreach to key State and local
stakeholders to promote effective local wellness policies and
provide technical assistance that--
''(A) includes--
''(i) a hotline, online resources, and
trainings on designing, implementing,
promoting, disseminating, and evaluating local
wellness policies and overcoming barriers to
the adoption of local wellness policies; and
''(ii) model local wellness policies and
best practices recommended by Federal agencies,
State agencies, and nongovernmental
organizations; and
''(B) is for guidance purposes only and not binding
or otherwise designed to be mandate to schools, local
educational agencies, school food authorities, or State
child nutrition programs.
''(3) Funding.--
''(A) In general.--On October 1, 2010, and on each
October 1 thereafter through October 1, 2014, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary to carry out this paragraph $1,000,000, to
remain available until expended.
''(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this paragraph the funds transferred under
subparagraph (A), without further appropriation.
''(f) Study and Report.--
''(1) In general.--The Secretary, in conjunction with the
Director of the Centers for Disease Control and Prevention,
shall prepare a report on the implementation, strength, and
effectiveness of the local wellness policies carried out in
accordance with this section.
''(2) Study of local wellness policies.--The study
described in paragraph (1) shall include--
''(A) an analysis of the strengths and weaknesses
of local wellness policies and how the policies compare
with model local wellness policies recommended under
subsection (e)(2)(A)(ii); and
''(B) an assessment of the impact of the local
wellness policies in addressing the requirements of
subsection (b).
''(3) Report.--Not later than January 1, 2014, the
Secretary shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Education and Labor of the House of Representatives a report
that describes the findings of the study.''.

SEC. 4. REPEAL.

Section 204 of the Child Nutrition and WIC Reauthorization Act of
2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed.

SEC. 5. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ''Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
answer:
Healthy Local Policies for Schools Act of 2010 or HELP Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the nutrition promotion program with a program that requires local educational agencies (LEAs) to ensure that their local wellness policies: (1) include goals for nutrition and physical education, physical activity, on-campus food marketing and advertising, and other school-based activities that promote nutrition and wellness throughout the extended school day; (2) include plans for implementing, and measuring the implementation of, such policies; (3) require reimbursable school meals to meet certain nutritional guidelines; and (4) require the nutritional guidelines for nonreimbursable foods and beverages sold in schools to be in compliance with standards established by the Secretary of Agriculture.

Requires each LEA, within two years of this Act's enactment and every three years thereafter, to complete and disseminate an assessment of their local wellness policy.

Directs each LEA to designate a standing Local Wellness Policy Committee made up of education, health, and nutrition stakeholders to foster the integration of a local wellness policy that meets this Act's requirements with other health-related activities in the LEA's schools and community.

Requires the Secretary to: (1) provide technical assistance and outreach to key state and local stakeholders to promote effective local wellness policies; and (2) prepare a report, in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), on the implementation, strength, and effectiveness of local wellness policies.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Ban the Box Act''.

SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO CRIMINAL RECORD OF
APPLICANTS.

(a) In General.--Except as provided in subsection (b), it shall be
an unlawful employment practice for any employer to make inquiries of
an applicant for employment or otherwise seek information about such an
applicant (including through the use of any form or application)
relating to whether such applicant has ever been convicted of a
criminal offense.
(b) Exception.--Notwithstanding subsection (a), an employer may
make inquiries of an applicant or otherwise seek information about the
applicant relating to whether such applicant has ever been convicted of
a criminal offense--
(1) after a conditional offer for employment has been
extended to an applicant; or
(2) where the granting of employment may involve an
unreasonable risk to the safety of specific individuals or to
the general public.

SEC. 3. RULEMAKING.

Not later than 1 year after the date of enactment of this Act, the
Commission shall issue rules--
(1) defining categories of employment where an individual's
past criminal history may involve an unreasonable risk to the
safety of specific individuals or to the general public; and
(2) factors to be considered by employers in assessing
whether an individual's past criminal history poses such an
unreasonable risk.

SEC. 4. ENFORCEMENT.

(a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
(1) In general.--The powers, procedures, and remedies
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.)
shall be the powers, procedures, and remedies this title
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment practice
in violation of this title against an employee described in
section 5(2)(A), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, or any person, alleging
such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, or any person, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes of the United
States).
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
that Act (2 U.S.C. 1301)), or any person, alleging a violation
of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
the powers, remedies, and procedures this title provides to
that Board, or any person, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(B), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
that Board, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to that Board, or
any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
seq.) shall apply in the same manner as such title applies with
respect to a claim alleging a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person, alleging a violation of section 411(a)(1) of
that title, shall be the powers, remedies, and procedures this
title provides to the President, the Commission, such Board, or
any person, respectively, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(C), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the President, the Commission, such Board, or any person,
alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the President,
the Commission, such Board, or any person, alleging such a
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes of
the United States).
(d) Employees Covered by Government Employee Rights Act of 1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this title provides to the
Commission, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an
employee described in section 5(2)(D), except as provided in
paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
or any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person, alleging a violation of
that section shall be the powers, remedies, and procedures this
title provides to the Commission, the Attorney General, the
Librarian of Congress, or any person, respectively, alleging an
unlawful employment practice in violation of this title against
an employee or applicant described in section 2(2)(E), except
as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, the Librarian of
Congress, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, the Librarian of Congress, or any person,
alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes of the United States).

SEC. 5. DEFINITIONS.

As used in this Act--
(1) the term ''Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ''employer''--
(A) has the meaning given such term in section
701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301) and section 411(c)
of title 3, United States Code;
(ii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (12 U.S.C.
1220(a)); and
(iii) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(3) the term ''employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (12 U.S.C. 1220(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies; and
(4) the term ''person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)).

SEC. 6. EFFECTIVE DATE.

This Act shall take effect beginning 1 year after the date of the
enactment of this Act.
answer:
Ban the Box Act - Makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's conviction for a criminal offense.

Sets forth exceptions authorizing an employer to seek such information: (1) after a conditional offer for employment has been extended to an applicant, or (2) where the granting of employment may involve an unreasonable risk to the safety of specific individuals or the general public.

Directs the Equal Employment Opportunity Commission (EEOC) to issue rules indentifying factors to be considered by employers in assessing whether an individual's past criminal history poses such an unreasonable risk within defined categories of employment.

Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Native American Trust Fund
Accounting and Management Reform Act of 1993''.

SEC. 2. DEFINITIONS.

For purposes of this Act--
(1) the term ''Secretary'' means the Secretary of the
Interior; and
(2) the term ''Bureau'' means the Bureau of Indian Affairs
of the Department of the Interior.

TITLE I--TRUST FUND INTEREST PAYMENTS

SEC. 101. PAYMENT OF INTEREST ON FUNDS INVESTED.

(a) Payment of Interest.--(1) The fourth proviso of subsection (a)
of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), is
amended by striking ''may invest'' and inserting ''shall invest''.
(2) The first section of the Act of June 24, 1938 (25 U.S.C. 162a),
is amended by adding at the end the following new subsection:
''(d) Amounts deposited or invested under subsection (a) shall earn
interest at the appropriate rates, taking into consideration the type
of deposit or investment. The Secretary shall periodically pay such
interest to the appropriate Indian tribe or individual Indian or, at
the election of the Indian tribe or individual Indian, add such
interest to the principal so deposited or invested.''.
(b) Technical Correction.--The second subsection (b) of the first
section of the Act of June 24, 1938 (25 U.S.C. 162a), as added by
section 302 of Public Law 101-644 (104 Stat. 4667), is hereby
redesignated as subsection (c).
(c) Repeal of Limitation on United States Liability.--Paragraph (2)
of subsection (c) of the first section of the Act of June 24, 1938, as
amended by subsection (b), is amended to read as follows:
''(2) Amounts deposited or invested under this subsection shall
generate earnings at the appropriate rates, taking into consideration
the type of investment concerned. The Secretary shall periodically pay
such earnings to the appropriate Indian tribe or individual Indian or,
at the election of the Indian tribe or individual Indian, add such
earnings to the principal of such funds so invested.''.
(d) Effective Date.--The amendments made by this section shall
apply to interest earned on amounts deposited or invested on or after
the date of the enactment of this Act.

SEC. 102. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST OWED.

The Secretary is authorized to make payments to an Indian tribe or
an individual Indian--
(1) in full satisfaction of any claim of such Indian tribe
or individual Indian for interest on amounts deposited or
invested on behalf of such Indian tribe or individual Indian
before the date of enactment of this Act under the Act of June
24, 1938 (25 U.S.C. 162a), and who was not paid the appropriate
amount of interest on such funds; and
(2) in an amount equal to the interest which would have
been earned if funds of such Indian tribe or individual Indians
which were subject to the Act of June 24, 1938 (25 U.S.C.
162a), had been deposited or invested in accordance with such
Act.

TITLE II--INDIAN TRUST FUND MANAGEMENT DEMONSTRATION PROGRAM

SEC. 201. PURPOSE.

The purpose of this title is to demonstrate new approaches for the
management of tribal and individual Indian funds held in trust by the
United States and managed by the Secretary through the Bureau, that,
consistent with the trust responsibility of the United States and the
principles of self-determination, will--
(1) give Indian tribal governments and individual Indian
account holders greater control over the management of such
trust funds;
(2) pursuant to tribal instructions, involve investment of
such trust funds by the Secretary in a manner that will also
help to promote economic development in Indian communities; or
(3) otherwise demonstrate how the principles of self-
determination can work with respect to the management of such
trust funds, in a manner consistent with the trust
responsibility of the United States.

SEC. 202. DEFINITION.

For the purposes of this title, except for the purposes of section
208, the terms ''Indian tribe'' and ''tribe'' mean--
(1) an Indian tribe;
(2) a consortia of Indian tribes; or
(3) an association of Indians holding individual Indian
trust fund accounts managed by the Secretary through the
Bureau.

SEC. 203. DEMONSTRATION PLANS.

An Indian tribe may submit to the Secretary a plan to demonstrate a
new approach for the management of tribal or individual Indian funds
held in trust by the United States for such tribe or the members of
such tribe, and as of the date of the enactment of this Act, managed by
the Secretary through the Bureau. Such plan may provide for the
following:
(1) Management of such funds directly by the Indian tribe
in financial institutions selected by the tribe, subject to
supervision and oversight by the Secretary. For the purposes of
this section, the term ''management'' may include one or more
of the functions carried out, as of the date of the enactment
of this Act, by the Secretary through the Bureau in managing
such funds, such as collection, disbursement, and investment
functions.
(2) Management of such funds by the Secretary in a manner
that--
(A) involves investment of such funds in financial
institutions on or near the reservation;
(B) increases tribal access to such institutions;
(C) promotes economic development activities on the
reservation; or
(D) otherwise promotes tribal priorities.
(3) Management of such funds at the local level through
contracts with local financial institutions that meet the
purposes of this title.
(4) Such other approaches, as determined by the Secretary,
that meet the purpose of this title.

SEC. 204. APPROVAL OF PLANS BY THE SECRETARY.

(a) In General.--The Secretary shall approve and implement, or
provide for the implementation by an Indian tribe of, a plan that meets
the following conditions:
(1) Such plan has been approved by the appropriate Indian
tribe, as follows:
(A) For a plan involving tribal trust funds, such
plan is accompanied by a resolution from the tribal
governing body approving the plan.
(B) For a plan submitted by an Indian tribe (as
defined in paragraphs (1) and (2) of section 202)
involving individual Indian money accounts, where most
or all of the account holders are members of the
submitting tribe, it is accompanied by a resolution
from the tribal governing body approving the plan,
along with a certification that the tribe held no fewer
than 2 public meetings to provide an opportunity for
account holders to comment on the plan.
(C) For a plan submitted by an Indian tribe (as
defined in paragraph (3) of section 202), it is
accompanied by a written approval signed by each
participating account holder, along with a
certification that the tribe on whose reservation the
trust asset that is the source of the funds is located,
has been consulted regarding the plan.
(2) The Secretary determines such plan to be consistent
with standards of reasonable prudence, after considering all
appropriate factors, including but not limited to the
following:
(A) The capability and experience of the
individuals or institutions that will be managing the
trust funds.
(B) The protection against substantial loss of
principal.
(C) The rate of return, provided that the plan need
not produce the highest rate of return possible if the
Indian tribe chooses to accept a lower rate in return
for other benefits such as the benefits from investing
in local financial institutions.
(D) The ability of the Secretary to effectively
monitor the demonstration, pursuant to the trust
responsibility of the United States as specified in
section 205.
(3) The duration of the plan does not exceed 5 years.
(b) Investment in Equities.--Nothing in this section shall prohibit
an Indian tribe submitting a plan for a demonstration under this
section from providing in such plan for the investment of its trust
funds in equities, if the Secretary determines that such plan meets the
standard of reasonable prudence under subsection (a)(2).

SEC. 205. FEDERAL TRUST RESPONSIBILITY.

(a) In General.--If an Indian tribe assumes management of trust
funds pursuant to a demonstration under this title, the trust
responsibility of the United States with respect to such funds shall,
for the duration of the demonstration, be limited to the following:
(1) The exercise of reasonable prudence by the Secretary in
approving the plan for the demonstration.
(2) An annual audit provided by the Secretary, directly or
by contract, to determine that the tribe is performing in
conformance with the plan for the demonstration.
(3) If the Secretary finds, through such audits, that the
tribe is not in compliance with the terms of the plan, the
Secretary shall--
(A) terminate the demonstration; or
(B) prescribe remedial action to be taken by the
tribe to achieve compliance with the plan.
(b) Decrease in Interest and Loss of Principal.--If a plan for a
demonstration submitted under this title and approved by the Secretary
provides for the implementation of such demonstration by the Secretary,
the United States shall not be liable, during the period of such
demonstration, for any decrease in interest rate or any loss of
principal that is proximately caused by the Secretary's prudent
implementation of such demonstration.
(c) Agreement.--Prior to the implementation of any demonstration
under this title, the Indian tribe involved shall sign a written
statement indicating that it understands and accepts the limitations on
the trust responsibility of the United States as provided in this
section.

SEC. 206. TECHNICAL AND FINANCIAL ASSISTANCE.

The Secretary shall, directly or by contract, provide Indian tribes
with technical and financial assistance in developing, implementing,
and managing plans for demonstrations under this title.

SEC. 207. NO INCOME TAX CONSEQUENCES.

Funds managed pursuant to a demonstration program under this title,
and distributions made from such funds, shall, for purposes of the
Internal Revenue Code of 1986, be treated in the same manner as such
funds would be treated if such funds were managed directly by the
Secretary, through the Bureau.

SEC. 208. VOLUNTARY WITHDRAWAL FROM TRUST FUND PROGRAM.

(a) In General.--An Indian tribe may, in accordance with this
section, submit a plan to withdraw some or all funds held in trust for
such tribe by the United States and managed by the Secretary through
the Bureau.
(b) Approval of Plan.--The Secretary shall approve a plan under
this section that meets the requirements specified in section 204(a)(1)
and subparagraphs (A) and (B) of section 204(a)(2).
(c) Termination of Trust Responsibility.--Beginning on the date
funds are withdrawn pursuant to this section, any trust responsibility
of the United States with respect to such funds shall terminate.

SEC. 209. REPORT TO CONGRESS.

The Secretary shall, beginning one year after the date of the
enactment of this Act, submit an annual report to the Congress on the
implementation of demonstration programs under this title. Such report
shall include recommendations for changes necessary to effectively
implement the purpose of this title.

TITLE III--RECOGNITION OF TRUST RESPONSIBILITY

SEC. 301. AFFIRMATIVE ACTION REQUIRED.

The first section of the Act of June 24, 1938 (25 U.S.C. 162a), as
amended by section 101(a)(2), is amended by adding at the end the
following new subsection:
''(e) The Secretary shall properly discharge the trust
responsibilities of the United States under this section by--
''(1) providing adequate systems for accounting for and
reporting trust fund balances;
''(2) providing adequate controls over receipts and
disbursements;
''(3) providing periodic, timely reconciliations to assure
the accuracy of accounts;
''(4) determining accurate cash balances;
''(5) preparing and supplying account holders with
meaningful periodic statements of their account balances;
''(6) establishing consistent, written policies and
procedures for trust fund management and accounting; and
''(7) providing adequate staffing, supervision, and
training for trust fund management and accounting.''.

SEC. 302. TRUST RESPONSIBILITY WITH RESPECT TO NATURAL RESOURCES.

The Congress recognizes that the trust responsibility of the United
States extends to tribal and individual Indian owners of natural
resources located within the boundaries of Indian reservations and
trust lands. This includes the fiduciary responsibility to manage funds
held in trust by the United States for Indian tribes and individual
Indians derived from actions including, but not limited to, the use and
sale of leased lands, judgments, mineral leases, oil and gas leases,
timber permits and sales, and water resources.

TITLE IV--TRAINING AND PERSONNEL

SEC. 401. TRAINING.

(a) Training Program.--The Secretary shall establish a program to
assist Indians, including, but not limited to, employees of the Bureau
and members and employees of Indian tribes, to obtain expertise in the
management of trust funds. Components of such program may include the
following:
(1) An outreach program to encourage and assist Indians to
obtain employment with private financial institutions.
(2) Agreements with financial institutions and other
entities under which such entities would provide classroom
training, on-the-job training, internships, and employment
opportunities not to exceed 2 years, for employees and
prospective employees of the Bureau.
(b) Recruitment.--
(1) Employment descriptions.--The Secretary shall ensure
that the employment description for any Federal position
related to the management of Indian trust funds contains
requirements necessary to ensure that a person filling such
position would have the necessary skills, based on industry
standards, to fully perform the position's responsibilities in
a manner consistent with the responsibility of the United
States to properly manage Indian trust funds.
(2) Pay.--The Secretary, in consultation with the Office of
Personnel Management, shall establish the rate of pay payable
for a position related to the management of Indian trust funds
at a level of the General Schedule appropriate for such
position.
(c) Indian Preference.--Nothing in this title shall authorize or
permit any waiver of Indian preference laws as such term is defined in
section 2(f)(2) of Public Law 96-135 (25 U.S.C. 472 et seq.).

TITLE V--RESPONSIBILITY TO ACCOUNT FOR INDIAN TRUST FUNDS

SEC. 501. RESPONSIBILITY OF SECRETARY TO ACCOUNT FOR THE DAILY AND
ANNUAL BALANCES OF INDIAN TRUST FUNDS.

(a) Requirement to Account.--The Secretary shall account for the
daily and annual balance of all funds held in trust by the United
States for the benefit of an Indian tribe or an individual Indian which
are deposited or invested pursuant to the Act of June 24, 1938 (25
U.S.C. 162a).
(b) Periodic Statement of Performance.--Not later than 10 business
days after the close of a calendar month, the Secretary shall provide a
statement of performance to each Indian tribe and individual with
respect to whom funds are deposited or invested pursuant to the Act of
June 24, 1938 (25 U.S.C. 162a). The statement, for the period
concerned, shall--
(1) identify the source, type, and status of the funds;
(2) the beginning balance;
(3) the earnings and losses; and
(4) the ending balance.
(c) Annual Audit.--The Secretary shall cause to be conducted an
annual audit on a fiscal year basis of all funds held in trust by the
United States for the benefit of an Indian tribe or an individual
Indian which are deposited or invested pursuant to the Act of June 24,
1938 (25 U.S.C. 162a), and shall include a letter relating to the audit
in the first statement of performance provided under subsection (b)
after the completion of the audit.
(d) Effective Date.--This section shall take effect October 1,
1993, but shall only apply with respect to earnings and losses
occurring on or after October 1, 1993, on funds held in trust by the
United States for the benefit of an Indian tribe or an individual
Indian.

HR 1846 IH----2
answer:
TABLE OF CONTENTS:
Title I: Trust Fund Interest Payments
Title II: Indian Trust Fund Management Demonstration Program
Title III: Recognition of Trust Responsibility
Title IV: Training and Personnel
Title V: Responsibility to Account for Indian Trust Funds
Native American Trust Fund Accounting and Management Reform Act of 1993 -
Title I: Trust Fund Interest Payments
- Amends Federal law to change from discretionary to mandatory the authority of the Secretary of the Interior to invest Indian trust funds in debt obligations issued or guaranteed by the United States.
Requires the Secretary to pay interest periodically on such deposited or invested funds to the appropriate Indian tribe or individual Indian.
Repeals Federal law that relieves the United States from any liability relating to the interest payable on such invested funds.
Authorizes the Secretary to make payments to an Indian tribe or individual Indian in full satisfaction of any claim of such tribe or Indian for any interest owed on amounts deposited or invested on their behalf before the enactment of this Act.
Title II: Indian Trust Fund Management Demonstration Program
- Authorizes an Indian tribe to submit to the Secretary a demonstration plan for new approaches to management of tribal or individual funds held in trust by the United States and managed by the Bureau of Indian Affairs (BIA) for a tribe or its members. Sets forth: (1) plan approval criteria; and (2) Federal trust responsibility in the case of tribal trust fund management. Provides for voluntary withdrawal of program funds.
Title III: Recognition of Trust Responsibility
- Amends Federal law to require the Secretary to take specified actions to properly discharge U.S. trust responsibilities with regard to Indian funds investment.
States that the Congress recognizes a trust responsibility with respect to natural resources on Indian reservations and trust lands.
Title IV: Training and Personnel
- Directs the Secretary to establish a trust fund management training program for Indians.
Title V: Responsibility to Account for Indian Trust Funds
- Requires the Secretary to: (1) account for daily and annual balances of Indian trust funds; and (2) provide periodic performance statements.